Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

A comparative study of court intervention in the arbitration process in the laws of Iran and the United States of America

Document Type : research

Authors
1 Department of Private Law, Faculty of Law and Political Sciences, Arak Unit, Islamic Azad University, Arak, Iran.
2 Department of Private Law, Faculty of Law and Political Sciences, Arak Branch, Islamic Azad University, Arak, Iran.
10.22034/ejs.2024.434911.1658
Abstract
Background and purpose: In Iranian law, arbitration is considered as one of the dispute resolution methods, which is defined in the commercial law approved in 1352. In this method, the arbitrator issues the final decision according to the conditions and documents raised. In many cases, commercial contracts include arbitration clauses, and in case of disputes, the parties must refer to arbitration.
Materials and methods: The current article is theoretical and the analytical descriptive method is used. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical considerations: In this article, the originality of the text, honesty and trustworthiness are observed.
Findings: In American law, arbitration is recognized as an acceptable dispute resolution method. In this method, the arbitrator issues the final decision according to the conditions and documents raised. However, in the United States, there are federal arbitration laws and state arbitration laws that set specific conditions and limitations for arbitration.
Result: In the intervention of the court, the court can comment on the correctness and validity of the arbitration decision. In Iranian law, the court can cancel the arbitration decision if there is a legal error or illegal preferences. In American law, if there is a legal error or illegal preferences in the arbitration decision, the court can cancel it or return it to the arbitrator to issue a new decision.
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