JURISPRUDENTIAL ANALYSIS OF ARBITRATOR’S INDEPENDENCE

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HOUSHMAND FIRUZABADY HOSEIN

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Journal Paper

Paper Information

Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2017 | Volume:18 | Issue:1 (45) Page(s): 135-159

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Information Journal Paper

Title

JURISPRUDENTIAL ANALYSIS OF ARBITRATOR’S INDEPENDENCE

Author(s)

HOUSHMAND FIRUZABADY HOSEIN | Issue Writer Certificate

Keywords

UMPIRAGE (ARBITRATION)Q1

INDEPENDENCEQ1

ARBITRATIONQ1

ARBITRATORQ2

ARBITERQ1

Abstract

Just as judges are independent and parties to a dispute cannot refuse to comply with their verdict due to dissatisfaction, ARBITER or ARBITRATOR is independent and the future satisfaction of the parties is not a condition for ARBITER’s verdict to be operative. This resulted by the judgmental nature of ARBITRATION because in ARBITRATION nature ARBITRATOR is not considered as attorney to the parties. Another reason is that according to more accurate jurisprudential opinion, ARBITER becomes independent just as parties grant him with qualification. Parties cannot refuse to recourse to ARBITER and ARBITRATOR or incapacitate him not only after verdict is issued but also in the course of procedure. As well, ARBITRATION like judgment, follows “the authority of judged res “rule and even the ARBITER cannot violate or modify his decision after it is issued.

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APA: Copy

HOUSHMAND FIRUZABADY, HOSEIN. (2017). JURISPRUDENTIAL ANALYSIS OF ARBITRATOR’S INDEPENDENCE. ISLAMIC LAW RESEARCH JOURNAL, 18(1 (45) ), 135-159. SID. https://sid.ir/paper/229506/en

Vancouver: Copy

HOUSHMAND FIRUZABADY HOSEIN. JURISPRUDENTIAL ANALYSIS OF ARBITRATOR’S INDEPENDENCE. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2017;18(1 (45) ):135-159. Available from: https://sid.ir/paper/229506/en

IEEE: Copy

HOSEIN HOUSHMAND FIRUZABADY, “JURISPRUDENTIAL ANALYSIS OF ARBITRATOR’S INDEPENDENCE,” ISLAMIC LAW RESEARCH JOURNAL, vol. 18, no. 1 (45) , pp. 135–159, 2017, [Online]. Available: https://sid.ir/paper/229506/en

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