FAIR TRIAL IN INTERNATIONAL COMMERCIAL ARBITRATION

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KHEDRI SALEH

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Journal: COMPARATIVE LAW REVIEW Year:2016 | Volume:6 | Issue:2 Page(s): 519-540

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Information Journal Paper

Title

FAIR TRIAL IN INTERNATIONAL COMMERCIAL ARBITRATION

Author(s)

KHEDRI SALEH | Issue Writer Certificate

Keywords

ARBITRATION CHALLENGEQ1

EQUAL TREATMENTQ1

IMPARTIALITYQ2

INDEPENDENCEQ2

SETTING ASIDE ARBITRATOR AWARDQ1

Abstract

A fair hearing in the courts requires the principles of procedure. Because the arbitration is considered as private judgment, thus in arbitration hearing regarding to non-ceremonial proceedings, arbitrator or arbitration panel are bound to respect the principles of civil procedure in arbitration hearing. EQUAL TREATMENT with parties of arbitration and Adversarial procedure are principles that arbitrator or arbitration panel obliged to satisfy them in proceeding whit action arbitration parties. INDEPENDENCE and IMPARTIALITY are elements of EQUAL TREATMENT and proper notice and give a full opportunity to presentation case are elements of adversarial procedure in Arbitration hearing that arbitrator or arbitration panel are bound to respect them in proceeding between action arbitration parties. Disclosure Obligation, Challenge to arbitrators competence, application for setting aside and refuse to recognition and enforcement of award are tools to satisfy compliance of principles of procedural civil in Arbitration hearing. In this paper, ways of satisfying principles of procedure and its sanctions has been considered.

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APA: Copy

KHEDRI, SALEH. (2016). FAIR TRIAL IN INTERNATIONAL COMMERCIAL ARBITRATION. COMPARATIVE LAW REVIEW, 6(2), 519-540. SID. https://sid.ir/paper/246358/en

Vancouver: Copy

KHEDRI SALEH. FAIR TRIAL IN INTERNATIONAL COMMERCIAL ARBITRATION. COMPARATIVE LAW REVIEW[Internet]. 2016;6(2):519-540. Available from: https://sid.ir/paper/246358/en

IEEE: Copy

SALEH KHEDRI, “FAIR TRIAL IN INTERNATIONAL COMMERCIAL ARBITRATION,” COMPARATIVE LAW REVIEW, vol. 6, no. 2, pp. 519–540, 2016, [Online]. Available: https://sid.ir/paper/246358/en

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