Abbas Mansouri; Eisa Amini
Abstract
Article 489 of the Iranian Civil Procedure (ICP) provides that an arbitration award in conflict with constitutive laws will be null and void and unenforceable; however, neither the ICP nor any other act established the concept and the instances of such laws and the scope of judicial review or supervision ...
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Article 489 of the Iranian Civil Procedure (ICP) provides that an arbitration award in conflict with constitutive laws will be null and void and unenforceable; however, neither the ICP nor any other act established the concept and the instances of such laws and the scope of judicial review or supervision over their enforcement. Under these circumstances, the best approach to identify constitutive laws is through a case-by-case approach. A justice should examine what law has been violated by an arbitrator and whether or not this law, based on the governing situations, directly or indirectly results in limiting or extinguishing a right. A court’s review of this matter may take place upon service or enforcement of or appeal to an arbitration award. The review is only a brief one over the first two stages but takes a more complete form over the third stage. However, even in this third stage, the court may not intervene into questions of fact addressed by the arbitrator, except for special cases.
Eisa Amini; Abbas Mansoori
Abstract
The Legislator does not provide any specific structure and definition for awards in the context of domestic arbitration. However, Article 482 of Code of Civil Procedure emphasizes on the requirements of reasoning and justifiability in relation to arbitral awards. Therefore, from the wording of this article, ...
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The Legislator does not provide any specific structure and definition for awards in the context of domestic arbitration. However, Article 482 of Code of Civil Procedure emphasizes on the requirements of reasoning and justifiability in relation to arbitral awards. Therefore, from the wording of this article, it is implied that this issue is a basic element of arbitration award, and arbitrators have the same obligation as judges in this respect. Having said that, there is no specific rule defining what a reasoned and justifiable award means. Moreover, no sanction has been provided in the event of failing to meet these requirements. For this reason, doctrine and judicial cases are ambiguous. Some lawyers believe that the lack of these requirements would lead the award to be voidable. However, by making reference to article 489, others state that this matter is not a cause for voidability of award. Itseems that the lack of reasoned and justifiable contents may cause invalidity and voidability of award.
