Time of Taking Permission For Referral to Arbitration Subject to Principe 139 of The Constitution in The Light of Judicial Precedents

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YAVARI ASSADOLLAH; BAGHERI YOUSEF

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Journal: THE JUDICIARY’S LAW JOURNAL Year:2019 | Volume:83 | Issue:106 Page(s): 259-276

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Information Journal Paper

Title

Time of Taking Permission For Referral to Arbitration Subject to Principe 139 of The Constitution in The Light of Judicial Precedents

Author(s)

YAVARI ASSADOLLAH | BAGHERI YOUSEF | Issue Writer Certificate

Keywords

ArbitrationQ1

Principle 139 of the ConstitutionQ1

Public and governmental propertiesQ1

ClaimQ2

Permission for referral to ArbitrationQ1

Abstract

According to Principle 139 of the Constitution and Article number 457 of Iran's Civil Rule of Procedure and Evidence, The referral of Claims regarding Public and governmental properties to Arbitration, is subject to the ratification of the cabinet and under the notice of the Islamic parliament. It’ s one of the most controversial principles of the Constitution that has always been under the focus of dissension between judicial procedure and legal doctrine in various issues; but less has been put on the exact timing of approval by the cabinet or parliament. One way to overcome these challenges is to know when to take the permission for referral of the Claim to Arbitration, regarding properties mentioned in the Principle 139? This article seeks to outline the concepts of private law, including permitting and non-infiltration, invalidation, non-interference, ritual and explaining their fundamental relationship with Principle 139 of the Constitution and the concepts of public law governing the need for authorization Arbitration Contracts and, at the stage of reviewing the Arbitration or appeal of the arbitrator and even the order of execution of the arbitrator, determine the appropriate time to refer the public and state property Claims to Arbitration. This article tried, in a descriptive-analytical method, to justify that the time of taking permission for referral of the Claims to Arbitration, stated in Principle 139, is from the first appearance of the dispute to the final phase of Arbitration process and the execution of the award, not the time of the formation of the contract.

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APA: Copy

YAVARI, ASSADOLLAH, & BAGHERI, YOUSEF. (2019). Time of Taking Permission For Referral to Arbitration Subject to Principe 139 of The Constitution in The Light of Judicial Precedents. THE JUDICIARY’S LAW JOURNAL, 83(106 ), 259-276. SID. https://sid.ir/paper/138045/en

Vancouver: Copy

YAVARI ASSADOLLAH, BAGHERI YOUSEF. Time of Taking Permission For Referral to Arbitration Subject to Principe 139 of The Constitution in The Light of Judicial Precedents. THE JUDICIARY’S LAW JOURNAL[Internet]. 2019;83(106 ):259-276. Available from: https://sid.ir/paper/138045/en

IEEE: Copy

ASSADOLLAH YAVARI, and YOUSEF BAGHERI, “Time of Taking Permission For Referral to Arbitration Subject to Principe 139 of The Constitution in The Light of Judicial Precedents,” THE JUDICIARY’S LAW JOURNAL, vol. 83, no. 106 , pp. 259–276, 2019, [Online]. Available: https://sid.ir/paper/138045/en

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