Document Type : Original Article
Authors
1
PhD student in law, specialization in private law, Yazd Branch, Islamic Azad University, Yazd, Iran
2
Assistant Professor, Department of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran
3
Associate Professor, Department of Law, Shahid Beheshti University, Tehran, Iran
10.30510/psi.2022.329625.3111
Abstract
Procedure alone, despite its principles, will not achieve its goal of a fair trial unless the proceedings are an integral part of the proceedings. The Code of Civil Procedure, as a formal and authoritative law, oversees the realization of rights, that is, it monitors the form and form of justice. The basic principles of litigation in the arbitration process seek to establish a kind of fair system based on equality and justice. Despite the fact that doctrine and some jurisprudence believe that the proceedings in arbitration are non-formal, in this study it has been concluded that formalities are an integral part of arbitration proceedings and it is a misconception that the observance of formalities in arbitration will not be necessary. Regarding the guarantee of execution resulting from the violation of the basic principles of the trial, the guarantee of performances such as injury, dismissal, annulment and invalidity has been stated. One of the guarantees of executions that can be considered for violating the basic principles of arbitration is civil liability resulting from the annulment or invalidity of arbitral awards, which has occurred from the performance of arbitrators.
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