Soheila Dibafar; Morteza Shahbazinia; Fereidoon Nahreini
Abstract
One of the essential objectives of international arbitration is to obtain fair and neutral procedures without being bound by the formalities and technicalities of procedural rules applicable in national courts. This aim is affirmed by articles 18 and 19 of Iran International Commercial Arbitration Act, ...
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One of the essential objectives of international arbitration is to obtain fair and neutral procedures without being bound by the formalities and technicalities of procedural rules applicable in national courts. This aim is affirmed by articles 18 and 19 of Iran International Commercial Arbitration Act, approved in 1376, and sections 33 and 34 of England Arbitration 1996 Act. In such a private dispute resolution mechanism, the parties’ autonomy is significantly accepted in the law governing the rules of arbitral proceedings. Furthermore, by considering the two basic principles (parties’ rights must be heard and treated equally), arbitrators have a wide range of initiative in determining the rules of proceedings. Therefore, the idea of neutrality of the arbitral seat is considerable and acceptable in the arbitral proceedings. Yet, the question that arises is to what extent the neutrality of the arbitral seat is acceptable in evidence. According to the international arbitration acts reviewed in this essay, the procedural flexibility, namely, the neutrality of the seat of arbitration is allowed to the extent that it does not contradict with the fundamental requirements of evidence.
Javad Sarkhosh; Sohila dibafar
Abstract
Family Protection Act, based on Islamic Law, was adopted in 2012. It states that taking part in the arbitration sessions before granting divorce is compulsory for the purpose of the conciliation and settlement between them and protecting the family that is on the verge of separation. The question is: ...
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Family Protection Act, based on Islamic Law, was adopted in 2012. It states that taking part in the arbitration sessions before granting divorce is compulsory for the purpose of the conciliation and settlement between them and protecting the family that is on the verge of separation. The question is: What is the relational in the religion and the law behind this compulsory session? Can it be defined as a real arbitration? Analyzing features of arbitration, especially the role of those who act as arbitrators, the above-mentioned tact is in the form and shape of arbitration with the essence of mediation. The assigned or appointed persons by the spouses or family courts must just attempt to settle the dispute by conciliating between them. By the mediation, the spouses can agree to settle their dispute through the conciliation. Thus, arbitrators consider the Family Protection Act, and just present their consultancy opinions to the family court without proceeding in accordance with the law and legal rules to the merit of the divorce and without making an enforceable award.
