Investigating the conflict between case law and international commercial arbitration

Document Type : Original Article

Authors

1 PhD Student, ,,Department of Law, Najafabad Branch ,Islamic Azad University, Najafabad ,Iran.

2 Department of Law, Najafabad Branch ,Islamic Azad University, Najafabad ,Iran.

Abstract

Failure to apply the rules may result in objection to the arbitrators themselves and the courts, and if the objections are accepted, the effect of not applying them will be to invalidate or annul the arbitral award. The effect of this violation will also vary depending on the subject of the protest. However, disputes must be fully resolved. As a result of the violation, it may be possible to resume the same trial with the same arbitral tribunal, even though a new arbitral tribunal should be established and the issue should be resolved in such a way that the dispute can be resolved through arbitration. In this case, you should refer to the competent court. Of course, sometimes it is possible that the dispute can not be settled through the court, and that is when the issue includes the validity of the case. The most important point after the annulment of the initial arbitral award in the country of origin is that other courts in other countries do not have the right to recognize and enforce the annulled or annulled award. Disrupting international public order is a matter of respect for the court of the place of arbitration, and this is contrary to the principle of international decency. The effect of the protest and its acceptance in the stage of recognizing and enforcing the verdict will also lead to the non-recognition and enforcement by the courts of the place of execution.

Keywords

Political Sociology of Iran
Volume 5, Issue 7
September 2022
Pages 803-821

Files

Share

How to cite

Statistics