Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The nature of the order to enforce internal arbitration decisions in the face of violation of the fundamental principles of proceedings

Document Type : research

Authors
1 PhD student, Department of Law, Kish International Branch, Islamic Azad University, Kish Island. Iran.
2 Assistant Professor, Department of Law, Shahr-e-Qods Branch , Islamic Azad University, Tehran, Iran.
3 Assistant Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2024.461693.1830
Abstract
Background and Aim: The fundamental principles of proceedings in arbitration have been less discussed and investigated. The purpose of this article is to investigate the nature of the order to implement internal arbitration decisions in the face of violation of the fundamental principles of proceedings.
Materials and Methods: This article is descriptive and analytical. 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 texts, honesty and trustworthiness are observed.
Findings: The findings showed that there are basic and fundamental principles and rules in law that must be followed by the court and judges. The guarantee of non-compliance is the invalidity of the arbitrator's decision and its non-enforceability. Article 488 of the Code of Civil writ of execution at the request of the mean that the order to implement the arbitrator's decision is a purely administrative order. The court must make sure that the principles and rules of the proceedings are followed properly, because the order to execute the judgment which is basically void and not enforceable is against the regulations.
Conclusion: Regardless of the request to annul the arbitrator's decision, in the case where the convict requests the implementation of the decision, the court should be considered obliged to review the decision of the arbitrator and consider the execution order as judicial in nature, which can be appealed according to the civil procedure law.
Keywords
Subjects