Hamidreza Holumi yazdi; Hamid Derakhshan nia
Abstract
In the current system of global arbitration, the complete independence envisaged for the arbitration. Nevertheless, it does not mean that the arbitration is completely needless of the court. Misunderstanding of the ‘basis’ and ‘limits’ of the court’s intervention or assistance ...
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In the current system of global arbitration, the complete independence envisaged for the arbitration. Nevertheless, it does not mean that the arbitration is completely needless of the court. Misunderstanding of the ‘basis’ and ‘limits’ of the court’s intervention or assistance in the arbitral process will be the most substantial threatening factor in the formation of an independent and efficient arbitration system in Iran. In practice, one factor behind the role of the courts, as supportive or interventionist, is the issue of assigning an arbitrator by the court. The current study shows that the relevant statutes and the judicial cases to the court’s intervention in the process of appointing a judge is imperfect. This article seeks to present an efficient pattern depicting the court’s intervention in the arbitral process based on the division of arbitral process and its various stages. In this regard, arbitration process can be divided into two parts: First, the court’s intervention in the formation and continuation of arbitration tribunal. Second, the court’s intervention in dealing with substantive issues. In the former, the principle is an interventionist role, and the latter is based on non-interventionist role. This is quite contrary to what is deemed as appropriate.
