The Concept of The laws creating the rights in Territorial Arbitration by reviewing Judicial Procedure

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Mozafari ehsan; GHAYOUMZADAH MAHMOUD; Pasban MOHAMMAD

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Journal: CIVIL LAW KNOWLEDGE Year:2020 | Volume:8 | Issue:2 (16) Page(s): 48-55

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Information Journal Paper

Title

The Concept of The laws creating the rights in Territorial Arbitration by reviewing Judicial Procedure

Author(s)

Mozafari ehsan | GHAYOUMZADAH MAHMOUD | Pasban MOHAMMAD | Issue Writer Certificate

Keywords

The laws creating the rightsQ1

Substantive rulesQ1

Revoke of arbitrator's verdictQ1

Public orderQ1

Equity principleQ1

Abstract

In Iran's laws, there is no reference to The laws creating the rights, and deespite frequent references to the requirement to observe The laws creating the rights in arbitration, However, the lack of an explanation of the concept and even the lack of reference to the examples of the laws that create the right in the laws makes an obstacle to the determination of its boundaries. Here, the question arises as to which laws can be considered to be the law creating rights? According to some authors opinion, It is only necessary to take into account Substantive rules as The laws creating the rights or formal rules can also be placed in this category? It seems that the answer to this question can not be found in the rules. Because of the exception of the two provisions of the Code of Civil Procedure of Iran, there is no reference to the concept of The laws creating the rights elsewhere. And that is why the precise definition of The laws creating the rights, as well as determining its implications in the laws and regulations of Iran, has become one of the most controversial elements of arbitration agreements. Because the lack of a single understanding of its content has added to the scope of ambiguity regarding Revoke of arbitrator's verdict.

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APA: Copy

Mozafari, ehsan, GHAYOUMZADAH, MAHMOUD, & Pasban, MOHAMMAD. (2020). The Concept of The laws creating the rights in Territorial Arbitration by reviewing Judicial Procedure. CIVIL LAW KNOWLEDGE, 8(2 (16) ), 48-55. SID. https://sid.ir/paper/245927/en

Vancouver: Copy

Mozafari ehsan, GHAYOUMZADAH MAHMOUD, Pasban MOHAMMAD. The Concept of The laws creating the rights in Territorial Arbitration by reviewing Judicial Procedure. CIVIL LAW KNOWLEDGE[Internet]. 2020;8(2 (16) ):48-55. Available from: https://sid.ir/paper/245927/en

IEEE: Copy

ehsan Mozafari, MAHMOUD GHAYOUMZADAH, and MOHAMMAD Pasban, “The Concept of The laws creating the rights in Territorial Arbitration by reviewing Judicial Procedure,” CIVIL LAW KNOWLEDGE, vol. 8, no. 2 (16) , pp. 48–55, 2020, [Online]. Available: https://sid.ir/paper/245927/en

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