Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 401-413 |
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Dehghani P. Multilateral Arbitration with a Single Source in Iran's Substantive Law. MLJ 2022; 16 :401-413
URL: http://ijmedicallaw.ir/article-1-1610-en.html
URL: http://ijmedicallaw.ir/article-1-1610-en.html
Department of Law, Faculty of Human Science University of Maragheh, Maragheh, Iran.
Abstract:
Background and Aim: Multi-party arbitration as one of the platforms and mechanisms for resolving disputes in domestic and international commercial relations, which has been recognized by domestic and international regulations, is of course due to the existence of legal relations between persons in a multilateral manner, which expands and ;he complexity of relationships between individuals in the field of domestic and international trade is considered to be its generator. The acceptance and implementation of multilateral arbitration leads to fundamental concerns in opposition to the requirements and legal principles of arbitration, including the principle of consent, the freedom of individuals in determining the arbitration panel and the necessity of equal treatment with those around the arbitration, which, of course, by separating them in terms of whether or not they are imperative. The field of legitimacy of the implementation of multilateral arbitration is facilitated and concerns subside. The provision of legal guarantees to comply with the arbitration requirements, especially in the implementation stage of multilateral arbitration awards, eases the mind and strengthens the public interest in multilateral arbitration with a single origin.
Method: The current research is of a theoretical type with a descriptive analytical method and the method of collecting information is in the form of a library by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The findings indicate the realism of arbitration rules and internal regulations and international documents in providing models and formulas that involve repelling and resolving challenges and concerns of non-compliance with arbitration requirements, especially in multilateral arbitrations with a single origin.
Conclusion: Arbitration requirements in the general sense and multilateral arbitration in a special sense in the phenomenon of satisfaction with the principle of arbitration are considered binding legal rules and the requirements of arbitration regarding equal treatment in the general sense and equal treatment in determining the arbitration panel in the specific sense of the mandatory legal rules It is considered as a supplementary factor and based on this, the hypothesis of the absolute authority of the requirements and principles of arbitration is rejected.
Please cite this article as:
Dehghani P. Multilateral Arbitration with a Single Source in Iran's Substantive Law. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e28.
Method: The current research is of a theoretical type with a descriptive analytical method and the method of collecting information is in the form of a library by referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The findings indicate the realism of arbitration rules and internal regulations and international documents in providing models and formulas that involve repelling and resolving challenges and concerns of non-compliance with arbitration requirements, especially in multilateral arbitrations with a single origin.
Conclusion: Arbitration requirements in the general sense and multilateral arbitration in a special sense in the phenomenon of satisfaction with the principle of arbitration are considered binding legal rules and the requirements of arbitration regarding equal treatment in the general sense and equal treatment in determining the arbitration panel in the specific sense of the mandatory legal rules It is considered as a supplementary factor and based on this, the hypothesis of the absolute authority of the requirements and principles of arbitration is rejected.
Please cite this article as:
Dehghani P. Multilateral Arbitration with a Single Source in Iran's Substantive Law. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e28.
Keywords: Multilateral Arbitration, Arbitration Requirements, the Principle of Compromise, the Principle of Freedom, the Principle of Equal Treatment, Arbitration Panel
Type of Study: Original Article |
Received: 2023/02/23 | Accepted: 2023/05/23
Received: 2023/02/23 | Accepted: 2023/05/23
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