Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The economic dimensions of security-oriented criminal policy from the point of view of jurisprudence and criminal law

Document Type : .

Authors
1 Ph.D. student of private law, Department of Humanities, Ares International Campus, University of Tehran, Tehran, Iran
2 Visiting Faculty Member, Department of Human Sciences, Ares International Campus, University of Tehran, Tehran, Iran
10.22034/ejs.2023.395915.1435
Abstract
Background and Aims: The purpose of this article is to examine the identification of international commercial arbitration awards in Iranian law and the New York Convention.
Materials and methods: This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.
Ethical considerations: In the present paper, the originality of the text, honesty and trustworthiness are respected.
Results: The findings showed that in Iranian arbitration law, the conditions of recognition of arbitration opinions have not been addressed and the legislator has remained silent in this regard. In the New York Arbitration Convention, the conditions for recognition of the arbitration award have been specified, according to which there is no need to go to the court of the country where the arbitration is performed. In Iran's arbitration law, there are obstacles to recognition and implementation of arbitration, which are similar to the terms of the New York Arbitration Convention in cases such as public order, existence of arbitration agreement, fair trial, performance of arbitration formalities, and non-derogation of arbitrator's powers of arbitration. However, some of these mentioned obstacles, such as public order in Iran's laws, have been faced with problems and are different from what is mentioned under the title of public order in the New York Convention.
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