Volume 17, Issue 57 (Spring 2012 2012)                   __Judicial Law Views __2012__, 17(__59__): __224130 | Back to browse issues page

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Mafi H, Parsafar J. Courts Intervention in the Arbitration Proceedings in Iranian Law. دیدگاه‌های حقوقی. 2012; 17 (57) :105-130
URL: http://jlviews.ujsas.ac.ir/article-1-37-en.html
1- Mazandaran University. , hmynmafi@yahoo.com
2- Mazandaran University.
Abstract:   (22939 Views)

  In case of existing a reliable agreement the courts do not have jurisdiction to consider the settlement of the case. So, the effect of arbitration agreement is to exclude the jurisdiction of state courts. The exclusion of court jurisdiction is not meant the absolute non-intervention in arbitration proceedings. Arbitration may not exist without a degree of court intervention. But, this intervention has to be limited, or else it is possible to become a tool for separation from the purpose of referring to arbitration. In this direction, a minimum court intervention is necessary in arbitration award enforcement and when a losing party avoids of enforcing it voluntarily. Court intervention in arbitration may be before or in the course of arbitration and or even after the issuance of the award. In each stage, these interventions which may be supervisory or supportive constitute an important section of courts proceedings in the process of arbitration. In this article, the writers have attempted to analyze the courts intervention cases in arbitration proceedings and the possibility to restrict it with reviewing the relation between court and arbitration.

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Type of Study: Research | Subject: Pivate Law
Received: 2012/10/10 | Revised: 2019/02/12 | Published: 2012/05/15 | ePublished: 2012/05/15

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