The Limits of judicial Upervision Over the Implementation of Domestic and International Arbitration Awards

Saberi, Siavash; Feiz, Zahra; Babajanian, Bahman

doi:10.22034/ejs.2026.466749.1863

The Limits of judicial Upervision Over the Implementation of Domestic and International Arbitration Awards

Document Type : research

Authors

Siavash Saberi ¹

Zahra feiz ²

Bahman Babajanian ³

¹ Department of Private Law, Se.C., Islamic Azad University, Semnan, Iran.

² Department of Jurisprudence, Payam Noor University, Tehran, Iran.

³ Department of Law, Se.C., Islamic Azad University, Semnan, Iran.

10.22034/ejs.2026.466749.1863

Abstract

Background and Aims: In order to implement the arbitration award when the defendant refuses to implement it, there must be a sure and definite guarantee of implementation. The purpose of this article is to examine the limits of judicial supervision over the implementation of domestic and international arbitration awards.
Materials and methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used to collect materials and data.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: Where the basis of invalidity of the decision and the impossibility of its implementation are discussed, the action of the courts in the capacity of enforcing the arbitration decision will at most involve a brief inspection. These approaches show that the arbitration award has certainty and a strong guarantee of implementation, and when a complaint about the arbitration award is raised before the court, the court should not expand that it should apply its judicial supervision in a limited way.
Result: From paying attention to the provisions of laws and legal theories, it is understood that the judicial supervision of the court will be different depending on the case. The international commercial arbitration law distinguishes between cases of annulment and cases of invalidity or unenforceability. Therefore, a distinction must be made between the cases of revocation or, in other words, the possibility of revocation, on the one hand, and the cases of absolute nullity according

Keywords

judicial supervision

arbitration

enforcement of arbitration awards

international commercial arbitration

Subjects