Introduction: Arbitration has a contractual nature and is subject to the sovereignty of the will of the parties, but in some cases, the legislator imposed the referral of claims to arbitration on the will of the parties and caused the contractual nature of the arbitration clause to disappear or be limited. By doing this, he has placed the arbitration outside the will of the parties. This issue causes some moral conflicts in the discussion of compulsory arbitration. Therefore, this research has been done with the purpose of examining the position of compulsory arbitration in Iran's legal system and the ethical challenges in it with a descriptive-analytical approach. Material and Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed Conclusion: Based on the findings of the research, it can be concluded that compulsory arbitration in Iran has ethical challenges in the field of implementation and interpretation, the most important of which is the issue of the right to action and judicial justice. In the context of ambiguities in mandatory arbitration, even if the method of arbitration becomes ambiguous, the arbitrator has the duty to find out the will of the legislator with the principles and rules of interpretation, which creates a moral conflict for the arbitrator.

Today arbitration centers offer significant services in context of arbitration. Offered services in centers are not identical, some of centers may perform different activity than others. One of major activities of arbitration centers is scrutiny of the arbitration proceeding. In centers such as the ICC Court of Arbitration and ICSID also scrutiny of the ward take place. Scrutiny of ICC Court take place to draft ward and for issues of form, the tribunal is obliged to follow the Court suggestion. In ICSID scrutiny is an quasi-judicial oversight and center has the right of review and annulment of arbitration award. In this article we will examine the question of whether this type of monitoring is to intervene in the arbitration tribunal or national courts proceeding.

Just and essential proceedings by the considering authority requires to comply with trial principles, a matter that has been accepted by the Judicial Authorities. In the Arbitration Authorities also due to Judicial function of arbitration work the observance of trial principles is necessary contrary to arbitration formalities. One of the principles binding by the Arbitration Authority is the acceptance of lodging counterclaim by the respondent. Comparative study shows that unlike other countries that legislated this matter, in Iran not only the legislator but also jurists did not pay noteworthy attention to this topic. Regarding the counterclaim in arbitration it is to be said that this claim is admissible when it is in the scope of arbitration agreement or clause. In addition to the conditions of counterclaim the said claim is acceptable when there does not exist its barriers. Set-off also is dependent on the claim and with restitution of claim the set-off is discarded. Moreover, the mere restitution of original claim will not render the termination of counterclaim which is under consideration.

According to the verse 35 of Surah Nesa, when the separation is likely to happen between couples, each of the couples needs to choose a person as an arbitrator who judges them. Reform has many and varied examples, and preaching is not sufficient for that. If arbitrators' recommendations are not taken into consideration by the couples, the reform does not happen. This descriptive-documentary study was conducted with the aim of investigating the importance of commitment of couples who want the separation to arbitrators' decisions and determining the execution guarantee of these decisions,thus, valid jurisprudential sources, law and interpretation written sources, and legal documents were reviewed. The results showed that the obligatory implication of the Sharia address, the need to issue an arbitrator and paying attention to the nature of arbitration, the necessity of following judges' decisions, and the necessity of fulfilling the conditions that are set for the reform of relationships, are confirmed. Jurisprudentially, the execution guarantee can be a Tazir from ruler, which in law is confined to the necessity of referring to the judgment. Therefore, the law, in terms of its effectiveness on the arbitration in the divorce referral cases, needs to fill the gap and provide the execution guarantees that are consistent with couples' relationships.

Despite the fact that autonomy is known as one of the approaches related to the nature of arbitration, it is a type of rule-making mechanism in international commercial arbitration. This mechanism, based on the contractual nature of arbitration and aimed to achieve the goal of arbitration, which is the final peaceful resolution of the dispute, directs rule-making toward reducing court intervention, giving broad powers to the arbitrator or arbitral tribunal, and limiting the agreement that conflicts with the goal of arbitration. This article, using a descriptive-analytical method, first describes the quality of the autonomous mechanism and concludes that the autonomous mechanism is not specific to international commercial arbitration; rather, it is a rule-making approach that can also be applied in domestic arbitration. Then, it compares rule-making in the two legal systems of England and domestic arbitration in Iran. The use of the autonomous mechanism has led to the efficacy of the arbitration institution in English law. Rule-making based on the autonomous approach can mitigate or eliminate the inefficiency of domestic arbitration in Iran.

With a view to importance of the place of arbitration in settlement of disputes, encouragement of the population of a society for reference to an arbitrating foundation is necessary.One of the aims of dispute parties from reference to arbitration instead of reference to justice dept. is being released from prolongation of governmental proceedings (justice dept.), which is in practice attained, and realization of this aim is not possible without application of arbitration technique and its mechanisms. Governmental proceeding in courts has a start and an end point, in other words, it is started with submission of a petition and establishment of the first court session and ended with termination of proceeding and issuance of a verdict during a period of one week after announcement of proceedings termination.In internal and international arbitration it is also necessary that a start and an ending point (the arbitration period) is determined and arbitrator becomes obliged to announce the arbitral award in the determined respite. In the internal arbitrations, non-observance of this period and an announcement of arbitration award after the determined period of arbitration result in cancellation of this award. In the international arbitrations with a view to the principle of speed in commerce and whereas arbitration is mainly common in the commercial, transportation and insurance contracts, etc. if the parties determine the arbitration period, the arbitrator is obliged to announce his award during the determined period and if no period is determined, with consideration of the internal by-laws, the arbitrator is obliged to announce the arbitral award during a period of three months. Not announce arbitral award by the arbitrator in the determined period and his delay result in his disqualification from announcement of arbitral award.

With increasing tendency in international commercial arbitration, the role of arbitration institutes and centers is highly considered in arbitral affairs. These centers consider various applications for themselves within the framework of rules and regulations ranging from “ offering office services” to “ arbitration process management” . With arbitration process management, the arbitration center overcomes problems and obstacles a head of establishing court of arbitration and proceedings and supervises on the arbitrator’ s activities to lead legal proceedings within specified framework of rules and deadlines. Accordingly, the arbitration centers perform a part of the domestic courts’ duties in the ad hoc arbitrations. In arbitration process management, the arbitration center takes decisions with judicial nature. Although the arbitration center is not involved at the process of dealing with differences and disputes, but its decisions in arbitration process management have capacity to be outcome-determinative. Arbitration Centre is abided by its own regulations in arbitration process management, but is bond to follow the mandatory rules of the place of arbitration especially principles of fair trial. In case of non-compliance with the mentioned principles, the possibility of a lawsuit against the arbitration center in the domestic courts and the annulment of the decision of the arbitration center and arbitral awards has been predicted in laws.

Assignment of arbitration clause or arbitration agreement is very important in internal and international arbitration and it has accepted in the law of other countries for example the U. K. and the U. S. In this regard there are some proponents and opponents each one has him/her own arguments. Article 481 of civil procedure code provides that the death of one of the parties to the agreement leads to termination of arbitration Thus if arbitration concludes under separate binding contract or in under the terms of article 10 of civil code, that arbitration will be terminate by death of one of the parties. It means that legal assignment of the contract, doesn`t cause assignment of arbitration clause. This article, concludes that arbitration clause can be personal.