ANALYSIS OF ARBITRATION AGREEMENT IN LAW WITH EMPHASIS ON ARBITER STATUS

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ALMASI NEJAD ALI; Nahreini Freidoon; MASOUDI REZA

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Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2018 | Volume:48 | Issue:3 Page(s): 413-433

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Information Journal Paper

Title

ANALYSIS OF ARBITRATION AGREEMENT IN LAW WITH EMPHASIS ON ARBITER STATUS

Author(s)

ALMASI NEJAD ALI | Nahreini Freidoon | MASOUDI REZA | Issue Writer Certificate

Keywords

Arbitration agreementQ1

arbitratorQ1

arbitrator’s liabilityQ1

individual judgeQ1

quasi-judicialQ1

Abstract

stating the elements of Arbitration agreement and their analysis in relation with Iran general rule of contracts has a major impact on determining the type and validity of the agreements as well as arbitrator legal position. In addition, this analysis has an impact on the arbitrator's type and scope of responsibility. In this paper, we have addressed the existing theories about the legal status of the arbitrator, including its semi judicial or contractual nature. The, we have studied the advantages and disadvantages of the arbitration in the view of the arbitrator, parties and legal logic, and the type of responsibility in each theory. Taking into account the existence of Arbitration agreement in the cases, the impact of the agreement on the legal position, and vice versa, has been examined. Providing a practical analysis about the nature of an Arbitration agreement, a legal arbitration flexible commentary is presented under the title of “ contract in the contract theory” , which in the view of the writer embodies both contract and semi judicial and also reduces the disadvantages as much as possible. In the conclusion, the positions of arbitrator and parties towards each other have been expressed on the basis of this analysis. After criticizing different theories on the arbitrator's position, individual judge is proposed as the appropriate theory.

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APA: Copy

ALMASI, NEJAD ALI, Nahreini, Freidoon, & MASOUDI, REZA. (2018). ANALYSIS OF ARBITRATION AGREEMENT IN LAW WITH EMPHASIS ON ARBITER STATUS. PRIVATE LAW STUDIES, 48(3 ), 413-433. SID. https://sid.ir/paper/124652/en

Vancouver: Copy

ALMASI NEJAD ALI, Nahreini Freidoon, MASOUDI REZA. ANALYSIS OF ARBITRATION AGREEMENT IN LAW WITH EMPHASIS ON ARBITER STATUS. PRIVATE LAW STUDIES[Internet]. 2018;48(3 ):413-433. Available from: https://sid.ir/paper/124652/en

IEEE: Copy

NEJAD ALI ALMASI, Freidoon Nahreini, and REZA MASOUDI, “ANALYSIS OF ARBITRATION AGREEMENT IN LAW WITH EMPHASIS ON ARBITER STATUS,” PRIVATE LAW STUDIES, vol. 48, no. 3 , pp. 413–433, 2018, [Online]. Available: https://sid.ir/paper/124652/en

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