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.

According to the Arbitration agreement, the arbitrators have the authority to settle the dispute of the parties. The invalidity of the Arbitration agreement or the arbitrator's award will have a mutual effect on each other. On the one hand, issuing a decision by the Arbitration authority is based on the authorities of the Arbitration agreement,On the other hand, in binding Arbitrations, the arbitrator, by issuing a decision once, is freed from further proceedings, unless a further agreement is made by the parties. The necessity of writing an essay is that in the case of annulment of the arbitrator's award, there is a difference of opinion and procedure regarding the subsequent jurisdiction of the judicial authority and Arbitration in future disputes in the Arbitration and judicial system of Iran. In this essay, this issue has been investigated and it has been emphasized that the wording of the note under Article 491of Iran’, s Civil Procedure According to the fact that "in cases where the matter is not referred to Arbitration through the court and the arbitrator's opinion is invalidated, the litigation will be dealt with in the court by filing a petition" refers to the dominant case of Arbitration, i. e. binding Arbitration,However, in Absolute Arbitrations, the arbitrator's award is annulled, according to the purpose and philosophy of the parties' agreement to arbitrate, the Arbitration agreement is not destroyed, and there is still the possibility of settlement by the arbitral institution. The research method in this essay, while studying legal sources using library tools and studying the judicial precedent, is a descriptive-analytical method of applied type.

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.

Article 491 of the Code of civil Procedure, by referring the parties to the court in case of annulment of the arbitral award, seems Absolute. While it must be distinguished between annulment Reasons. The annulment of the Arbitration contract or the expiration of Arbitration period are reasons that leads to the dissolution of the Arbitration clause. Because the field of Arbitration is lost. Although it ends the Arbitration when arbitrators were specified. Because first,the contractual obligations has been executed and secondly,contract framework, preclude extending Arbitration to others. On the other hand, Absolute Arbitration don’, t be affected by the annulment of Arbitration award. Because in this type, Arbitration itself is desirable for the parties and not the arbitrator. "Party autonomy" is required Arbitration be continued by the other arbitrators.

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.

The basis and main focus of Arbitration is the Arbitration agreement. The arbitrators acquire the authority to settle down the dispute by virtue of the contract or the Arbitration clause. Articles (490) and (491) of the Civil Code are insufficient in stating the effect of protesting the arbitrator's decision (award) in the implementation or suspension of it and in stating the suspensive or transitional Consequences of the arbitrator's award. According to Article (493), the court stopping the implementation of the Arbitration award can take appropriate security from the appellant of the Arbitration award. With the annulment of the arbitrator's decision, the condition of referring to Arbitration is not invalidated, unless the purpose of annulment be paragraph (7) of article (489) of the Civil Code. It is meant that if the Arbitration agreement or condition is not revoked, the arbitrators must refer to the arbitrator to deal with and resolve the disputes between them, to the extent that there is an Arbitration agreement. The point to consider here is that in the case of filing a lawsuit to annul the arbitrator's award, there is a difference of opinion between the judicial procedure and the doctrine regarding the transitional or suspensive Consequences of the arbitrator's decision. The method hired for this the article is to study the legal sources combined with the application and analysis of judicial procedure in an armchair research method in an analytical, descriptive and practical way.

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.

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.