An Arbitrary Approach to Insurance Claims with an Emphasis on Judicial Procedure (Compulsory Third Party Liability Insurance for Motor Vehicle Accidents)

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MABOUDI NEISHABOURI REZA; AFKAR HAMID

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Journal Paper

Paper Information

Journal: MAJLIS & RAHBORD Year:2021 | Volume:28 | Issue:106 Page(s): 309-331

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Information Journal Paper

Title

An Arbitrary Approach to Insurance Claims with an Emphasis on Judicial Procedure (Compulsory Third Party Liability Insurance for Motor Vehicle Accidents)

Author(s)

MABOUDI NEISHABOURI REZA | AFKAR HAMID | Issue Writer Certificate

Keywords

InsuranceQ1

ArbitrationQ2

ArbitrabilityQ1

Public OrderQ1

Article 139 of the ConstitutionQ1

Abstract

The expansion of Arbitration rules and the increase in number of claims in Insurance disputes have magnified the need for the acceptance of Arbitration in this area more than ever. Although different prohibitions and limitations exist, the acceptance of the general principle of Arbitrability reinforces the mindset where Arbitration is allowed in Insurance claims. Despite this, the legislator has not explicitly mentioned Arbitration in the law on "compulsory third party liability Insurance for motor vehicle accidents", and this silence and the existence of certain rules, has led to doubts about the acceptance of Arbitration in such claims. Reservations regarding the issues that may arise in Public Order due to Arbitration, the failure to mention Arbitration in the provisions of the Compulsory Insurance Law, and the vagueness of some of the provisions of the law have led to the ambiguity of the Arbitrability of Insurance claims. Nevertheless, these doubts can be resolved if a clear distinction between civil liability and criminal liability Insurance coverage is placed. Once this happens, there is no obstacle stopping the acceptance of Arbitration. In this study, the descriptive and analytical method was employed. Furthermore, the legal limitations and prohibitions in referring Insurance claims to Arbitration, and the advantages and disadvantages of accepting Arbitration, have been analyzed.

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APA: Copy

MABOUDI NEISHABOURI, REZA, & AFKAR, HAMID. (2021). An Arbitrary Approach to Insurance Claims with an Emphasis on Judicial Procedure (Compulsory Third Party Liability Insurance for Motor Vehicle Accidents). MAJLIS & RAHBORD, 28(106 ), 309-331. SID. https://sid.ir/paper/413771/en

Vancouver: Copy

MABOUDI NEISHABOURI REZA, AFKAR HAMID. An Arbitrary Approach to Insurance Claims with an Emphasis on Judicial Procedure (Compulsory Third Party Liability Insurance for Motor Vehicle Accidents). MAJLIS & RAHBORD[Internet]. 2021;28(106 ):309-331. Available from: https://sid.ir/paper/413771/en

IEEE: Copy

REZA MABOUDI NEISHABOURI, and HAMID AFKAR, “An Arbitrary Approach to Insurance Claims with an Emphasis on Judicial Procedure (Compulsory Third Party Liability Insurance for Motor Vehicle Accidents),” MAJLIS & RAHBORD, vol. 28, no. 106 , pp. 309–331, 2021, [Online]. Available: https://sid.ir/paper/413771/en

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