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Information Journal Paper

Title

COMMENTSMENT OF ARBITRATION

Pages

  31-46

Abstract

 With a view to importance of the place of ARBITRATION in settlement of disputes, encouragement of the population of a society for reference to an arbitrating foundation is necessary.One of the aims of dispute parties from reference to ARBITRATION instead of reference to justice dept. is being released from prolongation of governmental proceedings (justice dept.), which is in practice attained, and realization of this aim is not possible without application of ARBITRATION technique and its mechanisms. Governmental proceeding in COURTs has a start and an end point, in other words, it is started with submission of a petition and establishment of the first COURT session and ended with termination of proceeding and issuance of a verdict during a period of one week after announcement of proceedings termination.In internal and international ARBITRATION it is also necessary that a start and an ending point (the ARBITRATION period) is determined and arbitrator becomes obliged to announce the arbitral award in the determined respite. In the internal ARBITRATIONs, non-observance of this period and an announcement of ARBITRATION award after the determined period of ARBITRATION result in cancellation of this award. In the international ARBITRATIONs with a view to the principle of speed in commerce and whereas ARBITRATION is mainly common in the commercial, transportation and insurance contracts, etc. if the parties determine the ARBITRATION period, the arbitrator is obliged to announce his award during the determined period and if no period is determined, with consideration of the internal by-laws, the arbitrator is obliged to announce the arbitral award during a period of three months. Not announce arbitral award by the arbitrator in the determined period and his delay result in his disqualification from announcement of arbitral award.

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  • Cite

    APA: Copy

    ASADINEJAD, SEYYED MOHAMMAD, & FOROTAN, YOUSEF. (2015). COMMENTSMENT OF ARBITRATION. JOURNAL OF LAW AND POLITICS, 11(24), 31-46. SID. https://sid.ir/paper/127724/en

    Vancouver: Copy

    ASADINEJAD SEYYED MOHAMMAD, FOROTAN YOUSEF. COMMENTSMENT OF ARBITRATION. JOURNAL OF LAW AND POLITICS[Internet]. 2015;11(24):31-46. Available from: https://sid.ir/paper/127724/en

    IEEE: Copy

    SEYYED MOHAMMAD ASADINEJAD, and YOUSEF FOROTAN, “COMMENTSMENT OF ARBITRATION,” JOURNAL OF LAW AND POLITICS, vol. 11, no. 24, pp. 31–46, 2015, [Online]. Available: https://sid.ir/paper/127724/en

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