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Issue Info: 
  • Year: 

    2024
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    33-42
Measures: 
  • Citations: 

    0
  • Views: 

    39
  • Downloads: 

    0
Abstract: 

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.

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Issue Info: 
  • Year: 

    2015
  • Volume: 

    11
  • Issue: 

    24
  • Pages: 

    31-46
Measures: 
  • Citations: 

    0
  • Views: 

    3328
  • Downloads: 

    0
Abstract: 

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.

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Author(s): 

HADDADI MAHDI

Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2015
  • Volume: 

    4
  • Issue: 

    1 (7)
  • Pages: 

    79-87
Measures: 
  • Citations: 

    0
  • Views: 

    1877
  • Downloads: 

    0
Abstract: 

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.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    7
  • Issue: 

    2
  • Pages: 

    155-179
Measures: 
  • Citations: 

    0
  • Views: 

    171
  • Downloads: 

    30
Abstract: 

Purpose: Resilience in START-ups is a challenging issue that has caught the attention of policymakers and business owners. The present study is an attempt to provide a model for designing the resilience model of START-up businesses as a path to the future of START-up businesses. Method: This research is practical in terms of purpose and from the perspective of data collection is a qualitative research that has been done by content analysis method. The data collection method is semi-structured interview. Interviews with participants continued until they reached the theoretical saturation point, which was achieved by conducting 15 interviews. Participants were selected by snowball and purposeful method and data analysis was done through three coding steps (open, axial, selective) with MAXQDA2020 software. Findings: Based on the research results, the components of "cognitive resilience, financial resilience, adaptive resilience" as well as the effective organizational factors of "precedent, drivers and boys and resilience consequences" were identified. In this research, foresight and futures studies were identified as the drivers of resilience of START-up businesses. Conclusion: Resilience enables businesses to respond effectively to the dynamic conditions of their environment and maximize their competencies through strategic foresight and as a result gain more value than their competitors in the field of business. In this regard, the integration of foresight in the process of business resilience can be suggested as a facilitator of drivers.

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

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Author(s): 

Mafi Homayon | SHAMSI JAVAD

Issue Info: 
  • Year: 

    2021
  • Volume: 

    25
  • Issue: 

    92
  • Pages: 

    273-291
Measures: 
  • Citations: 

    0
  • Views: 

    683
  • Downloads: 

    0
Abstract: 

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.

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

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Writer: 

Ahmadzadeh Hamed

Issue Info: 
  • Year: 

    2017
  • Volume: 

    1
Measures: 
  • Views: 

    218
  • Downloads: 

    0
Abstract: 

THE PURPOSE OF THIS ARTICLE WAS TO REVIEW THE APPLIED JURISPRUDENCE ISSUES IN IRANIAN JURISPRUDENCE AND LAW. ARBITRATION IS THE REFUSAL OF INDIVIDUALS TO INTERVENE BY OFFICIAL AUTHORITIES IN THE TERMINATION OF THEIR CLAIMS RELATING TO THEIR OWN PRIVATE PROPERTY AND THEIR SURRENDER TO THE PRIVATE GOVERNMENT OF INDIVIDUALS. CONSIDERING THAT JUDGING IS A LEGAL AND LEGAL ISSUE, AND BECAUSE OF THE EMPHASIS ON SACRED ISLAMIC LAW AND THE HOLY QUR' AN, JURISTS HAVE ALSO GIVEN GREAT IMPORTANCE TO THE ISSUE OF JUDGMENT. IN IRAN'S LAW, ACCORDING TO THE ADOPTION OF THE PROVISIONS ON ARBITRATION IN THE CODE OF CIVIL PROCEDURE, AS AMENDED IN 2000, AS WELL AS THE SUBSEQUENT AMENDMENTS TO THE ARBITRAL PROCEEDINGS IN 2002, PARAGRAPHS 454 TO 501 WERE REFERRED TO ARBITRATION, AND AFTER THIS TIME, THE GROWTH NO SIGNIFICANT DEVELOPMENT HAS BEEN MADE.

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

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Author(s): 

Issue Info: 
  • Year: 

    2022
  • Volume: 

    25
  • Issue: 

    91
  • Pages: 

    69-90
Measures: 
  • Citations: 

    1
  • Views: 

    20
  • Downloads: 

    0
Keywords: 
Abstract: 

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

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Author(s): 

Mansouri Gholamreza

Issue Info: 
  • Year: 

    2023
  • Volume: 

    17
  • Issue: 

    45
  • Pages: 

    175-190
Measures: 
  • Citations: 

    0
  • Views: 

    184
  • Downloads: 

    22
Abstract: 

In some point of view, neither Michel Foucault nor Ibn Khaldun are considered philosophers in the conventional classifications, but both are very  important in intellectual and, of course, in philosophical contexts, especially for those who are interested in the deep study of human life from the perspective of political thought.The main concern of two thinkers, one in the 14th century, the other in the 20th century, is the issue  of power, although neither of them provided a precise definition of it. In this article, an attempt has been made to show the place of power and domination in the political thought of both thinkers by examining the thoughts of two thinkers. And in search of an answer to this question, how did Asabiyyah and industry of religion in Ibn Khaldun's thought and social control through self-technology and discipline in Foucault's thought lead to the expansion of the domination of power? This article is written by analytically comparing the opinions of two thinkers based on Ibn Khaldun's most important book called Muqaddimah and Foucault's late works

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

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    11
  • Issue: 

    1
  • Pages: 

    133-153
Measures: 
  • Citations: 

    0
  • Views: 

    28
  • Downloads: 

    0
Abstract: 

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.

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

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    23
  • Issue: 

    82
  • Pages: 

    135-163
Measures: 
  • Citations: 

    0
  • Views: 

    1177
  • Downloads: 

    0
Abstract: 

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.

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

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