The Ethical Challenges of Implementing Arbitration in Iranian Legal System

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Rasoolzadeh Farsad Ali; Oloumi Hamidreza

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT) Year:2019 | Volume:10 | Issue:1 Page(s): 129-152

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Information Journal Paper

Title

The Ethical Challenges of Implementing Arbitration in Iranian Legal System

Author(s)

Rasoolzadeh Farsad Ali | Oloumi Hamidreza | Issue Writer Certificate

Keywords

JudgmentsQ1

judgmentsQ1

enforceability of arbitrationQ1

international arbitration rulesQ1

enforcement of votesQ1

Abstract

The arbitration institution has been considered by the people since the old days as a solution to the disputes based on the agreement of the parties of the dispute. This contractual system of arbitrary has privileges that make it superior to other methods of resolving disputes. The most important principle in arbitration is the finality of Arbitral awards and its most important point is the enforce-ability of the arbitral awards, that supported by national and international rules of arbitration. Since the philosophical basis of arbitration are based on an agreement between the parties, this means accepting the referral of disputes to arbitration involves the parties' obligation in Optional execution. Nonetheless, if the losing party refuses to execute the arbitral awards, it is foreseen that it may be enforced in the relevant laws and regulations. In this article, with reference to the legal prin-ciples of the principle of the entry into enforce of the arbitral Awards, as well as the legal docu-ments, discuss enforce of internal arbitral awards, then outline the implementation of foreign arbitral awards within the jurisdiction of the New York Convention and outside its jurisdiction, and finally, how to implement foreign arbitral awards in accordance with specific circumstances.

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APA: Copy

Rasoolzadeh Farsad, Ali, & Oloumi, Hamidreza. (2019). The Ethical Challenges of Implementing Arbitration in Iranian Legal System. ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT), 10(1 ), 129-152. SID. https://sid.ir/paper/366179/en

Vancouver: Copy

Rasoolzadeh Farsad Ali, Oloumi Hamidreza. The Ethical Challenges of Implementing Arbitration in Iranian Legal System. ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT)[Internet]. 2019;10(1 ):129-152. Available from: https://sid.ir/paper/366179/en

IEEE: Copy

Ali Rasoolzadeh Farsad, and Hamidreza Oloumi, “The Ethical Challenges of Implementing Arbitration in Iranian Legal System,” ETHICAL RESEARCH (RESEARCH JOURNAL OF THE ASSOCIATION FOR ISLAMIC THOUGHT), vol. 10, no. 1 , pp. 129–152, 2019, [Online]. Available: https://sid.ir/paper/366179/en

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