The position of arbitration in the legal system of Iran and America with an emphasis on domestic laws

Document Type : Original Article

Authors

1 PhD student, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran.

2 Assistant Professor, Department of Political Science, Karaj Branch, Islamic Azad University, Karaj, Iran.

3 Assistant Professor, Department of Law, Karaj Branch, Islamic Azad University, Karaj, Iran.

Abstract

In today's world, disputing parties are encouraged to use courts as a dispute resolution authority in advanced countries to enjoy the benefits of arbitration as an alternative to courts. The main question is whether arbitration in the United States of America, the federal and state laws of the United States of America are much more specialized than in Iran, so that by smoothing the legal obstacles and less interference of the judicial system, it has encouraged the general public to use this method of dispute resolution. This article is applied and its method is a library and its purpose is the place of arbitration in the legal system of Iran and America with emphasis on domestic laws. As a result, the civil liability of arbitrators in the United States has been reduced to a minimum and the powers of arbitrators have been greatly expanded, while in Iranian arbitration law, we face many obstacles in most of these fields.

Keywords