Document Type : Original Article
Authors
1
PhD Student, Department of Private Law, Kish, South Tehran Branch, Islamic Azad University, Tehran, Iran
2
Assistant Professor, Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran (Corresponding Author)
3
Assistant Professor, Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran
4
Associate Professor, South Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract
Agreement or arbitration clause is concluded to refer the present or future dispute to be settled by an arbitrator. A valid agreement causes the depriving courts of considering the case. However this agreement because lack of validity or not getting perfected, is not enforced and we ought to rely on the jurisdiction of the courts return. Sometimes court's decision on recognizing the validity of such agreement fails and leads to the reference of the dispute to mentioned arbitrator. It is clear that such act will deprive the parties from courts jurisdictions and leaves the destination of the case to an unauthorized official. Thus its sentence would be void. This process will end up to the waste of time and money of the parties. In this case, the civil liability of the court is discussed. On the other hand, the arbitrator must enjoy the right to investigate the validity of the agreement. Whether in this situation he carries on considering the dispute, in addition to causing delay to the settlement, barriers the court's jurisdiction return and makes the invalid sentence. This neglect will discuss the civil liability of court and arbitrator and their relationship.
Keywords
)