Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 879-893 |
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Aghaei Y, Habibi Dargah B, Hassanzadeh H. Manifestations of Formal Justice in the Process of Arbitration Proceedings in the Light of the Iranian Legal System. MLJ 2021; 15 :879-893
URL: http://ijmedicallaw.ir/article-1-1466-en.html
URL: http://ijmedicallaw.ir/article-1-1466-en.html
1- Karaj Branch, Islamic Azad University, Karaj, Iran
2- Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran
3- Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran
3- Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract:
Background and Aim: Achieving justice is considered as the main goal in any legal system to resolve disputes. Legal methods of dispute resolution are also divided into two categories: arbitration and justice. Flexibility and agreement is one of the features of the arbitration process. The purpose of this study is to identify the effects of formal justice in the arbitration proceedings.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: In arbitration proceedings, one of the most important challenges is the principle of access to justice, but it should be noted that although arbitration is based on the free will of the parties, but the principles governing these proceedings inspire the rule of justice in such proceedings. There are many principles and rules in arbitration. The reason for the importance of arbitration and the attention of the parties to the dispute to resolve the issue through arbitration also stems from the fact that arbitration is one of the most important behaviors that provide justice in resolving disputes.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Due to its fairness, the arbitral tribunal does not seek formal justice, and if there are manifestations of formal justice in it, these manifestations can be modified under the rule of the plaintiffs.
Cite this article as: Aghaei Y, Habibi Dargah B, Hassanzadeh H. Manifestations of Formal Justice in the Process of Arbitration Proceedings in the Light of the Iranian Legal System. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: In arbitration proceedings, one of the most important challenges is the principle of access to justice, but it should be noted that although arbitration is based on the free will of the parties, but the principles governing these proceedings inspire the rule of justice in such proceedings. There are many principles and rules in arbitration. The reason for the importance of arbitration and the attention of the parties to the dispute to resolve the issue through arbitration also stems from the fact that arbitration is one of the most important behaviors that provide justice in resolving disputes.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Due to its fairness, the arbitral tribunal does not seek formal justice, and if there are manifestations of formal justice in it, these manifestations can be modified under the rule of the plaintiffs.
Cite this article as: Aghaei Y, Habibi Dargah B, Hassanzadeh H. Manifestations of Formal Justice in the Process of Arbitration Proceedings in the Light of the Iranian Legal System. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/10/14 | Accepted: 2022/02/17
Received: 2021/10/14 | Accepted: 2022/02/17
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