Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 1036-1052 |
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Bayat M K, Bahrami Khoshkar M, Amir Moezzi A. Examining the Possibility of Re-Examination of the Arbitrator's Decision According to Jurisprudence. MLJ 2022; 16 :1036-1052
URL: http://ijmedicallaw.ir/article-1-1764-en.html
URL: http://ijmedicallaw.ir/article-1-1764-en.html
1- Department of Law, Sari Branch, Islamic Azad University, Sari, Iran
2- Department of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran.
3- Department of Law, Adib Mazandaran Non-Governmental Higher Education Institute, Sari, Iran.
2- Department of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran.
3- Department of Law, Adib Mazandaran Non-Governmental Higher Education Institute, Sari, Iran.
Abstract:
Background and Aim: Arbitration, as an alternative institution to proceedings by the courts, along with the progress of the business environment and economic development, becomes more prosperous and extensive, therefore, it is necessary to support a healthy economic and working environment and accelerate the resolution of disputes. Disputes, ambiguities in arbitration laws and regulations should be resolved and legal loopholes that cause people's lack of trust in the arbitration institution should be removed. One of these loopholes is re-examination of a category that has been resolved by an arbitrator once. If there are reasons such as the obtaining of a sealed document during the proceedings or proof of trickery and fraud used in obtaining a verdict or proving the forgery of an effective document in the verdict, the courts in accordance with Article 426 of the Criminal Code and in the form of a mechanism provided in the law for The reinstatement of the proceedings has been determined; However, such a mechanism has not been accurately predicted in arbitration discussions, especially internal arbitration, even though this is a problem and its emptiness is felt more and more every day. Therefore, it seems that according to important jurisprudential principles such as the rule of justice and the rule of harm and obtaining the unity of criteria from other laws such as the international arbitration law, it is possible to consider resuming the proceedings in arbitration.
Method: The present research has been carried out using a descriptive and analytical method.
Ethical Considerations: In the present research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.
Results: The normal ways of protesting against the definitive rulings of the courts are blocked, but according to Article 426 of the Civil Code and the mechanism called retrial in matters such as obtaining a sealed document or proving fraud and forgery of a document. As a result of the issued verdict, the possibility of retrial has been allowed; However, such a mechanism has not been specifically foreseen in arbitration matters, especially domestic arbitration, while considering the jurisprudential principles of retrial, such as the rule of justice and the rule of harm, this method of protesting against arbitration decisions can also be considered.
Conclusion: The possibility of reopening proceedings from arbitration decisions according to Article 426 of the A.D.M. Legislation and whether it is in the implementation phase of the law, it is possible to review it again.
Please cite this article as:
Bayat MK, Bahrami Khoshkar M, Amir Moezzi A. Examining the Possibility of Re-Examination of the Arbitrator's Decision According to Jurisprudence. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e58.
Method: The present research has been carried out using a descriptive and analytical method.
Ethical Considerations: In the present research, the principles of trustworthiness, honesty, impartiality and originality of the work have been respected.
Results: The normal ways of protesting against the definitive rulings of the courts are blocked, but according to Article 426 of the Civil Code and the mechanism called retrial in matters such as obtaining a sealed document or proving fraud and forgery of a document. As a result of the issued verdict, the possibility of retrial has been allowed; However, such a mechanism has not been specifically foreseen in arbitration matters, especially domestic arbitration, while considering the jurisprudential principles of retrial, such as the rule of justice and the rule of harm, this method of protesting against arbitration decisions can also be considered.
Conclusion: The possibility of reopening proceedings from arbitration decisions according to Article 426 of the A.D.M. Legislation and whether it is in the implementation phase of the law, it is possible to review it again.
Please cite this article as:
Bayat MK, Bahrami Khoshkar M, Amir Moezzi A. Examining the Possibility of Re-Examination of the Arbitrator's Decision According to Jurisprudence. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e58.
Keywords: Resumption of Proceedings, Arbitrator's Verdict, Resumption of Proceedings in Arbitration, The Rule of Justice, The Rule of Harmlessness
Type of Study: Original Article |
Received: 2023/11/3 | Accepted: 2024/03/2
Received: 2023/11/3 | Accepted: 2024/03/2
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