Court Judgement Analysis in Making Void Arbitration

Document Type : Technical-Scientific

Author

Assistant Professor at Law Faculty of Farabi Campus of Tehran University

Abstract

The principle of non-interference of the court in the condition and action of arbitration is one of the important principles and rules governing arbitration. This principle, which is also "in accordance with the principle of the rule of will, strengthens the independence of arbitration and allows the intervention of the court in the specified minimum." However, the extent of the court's interference in arbitration is justified by the ultimate goal of the realization of people's rights and the sense of justice in permitted cases, and will lead to a reduction in the distance between the claim and the right in the world of proof. One of the important legal issues is the analysis of the scope of supervision and the rights and limits of the court in accepting or annulling arbitration awards. In addition to this discussion, we note that: Regarding the validity of the arbitration clause, the principal agreement between the parties may be permissible, but the parties may consider it independent and it should not be objected that the condition is not required during the permissible contract.b With this introduction, we emphasize that even if the arbitration clause is concluded in the award contract, we consider it necessary and valid.

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