ECONOMIC OBSTACLES OF RIGHT OF ACCESS TO JUSTICE IN ARBITRATION TRIBUNAL

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KHODABAKHSHI ABDOLLAH

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Journal Paper

Paper Information

Journal: JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW Year:2016 | Volume:23 | Issue:9 Page(s): 12-14

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Information Journal Paper

Title

ECONOMIC OBSTACLES OF RIGHT OF ACCESS TO JUSTICE IN ARBITRATION TRIBUNAL

Author(s)

KHODABAKHSHI ABDOLLAH | Issue Writer Certificate

Keywords

ARBITRATION INSTITUTE

COUNTERCLAIM

EQUAL TREATMENT

FEES

RIGHT OF ACCESS TO JUSTICE

RIGHT OF DEFENCE

Abstract

Arbitration as an alternative to state courts will succeed in fairly resolving disputes if it can remove the obstacles to hearings and guarantee the EQUAL TREATMENT of the parties. In litigations, judicial assistances (legal aids) such as insolvency proceedings come to the help of the impecunious party so that the economic obstacles do not lead to the violation of basic and fundamental rights such as access to justice and defense. while such assistances (legal aid) can be objectionable in arbitration, arbitrators begin looking in to the case only after receiving a fee sometimes considerable in amount. Arbitration institutions also have strict regulations in this regard. The status of the party who has to file a COUNTERCLAIM, without being able to pay the relevant fee, is not clear. On the other hand, if the party cannot file the COUNTERCLAIM, the arbitration award may be annulled due to the violation of a fundamental right such as access to justice...

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APA: Copy

KHODABAKHSHI, ABDOLLAH. (2016). ECONOMIC OBSTACLES OF RIGHT OF ACCESS TO JUSTICE IN ARBITRATION TRIBUNAL. JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW, 23(9 ), 12-14. SID. https://sid.ir/paper/715355/en

Vancouver: Copy

KHODABAKHSHI ABDOLLAH. ECONOMIC OBSTACLES OF RIGHT OF ACCESS TO JUSTICE IN ARBITRATION TRIBUNAL. JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW[Internet]. 2016;23(9 ):12-14. Available from: https://sid.ir/paper/715355/en

IEEE: Copy

ABDOLLAH KHODABAKHSHI, “ECONOMIC OBSTACLES OF RIGHT OF ACCESS TO JUSTICE IN ARBITRATION TRIBUNAL,” JOURNAL ENCYCLOPEDIA OF ECONOMIC LAW, vol. 23, no. 9 , pp. 12–14, 2016, [Online]. Available: https://sid.ir/paper/715355/en

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