javad niknejad; javad niknejad
Abstract
A reasoned opinion is a decision that a judge and an arbitrator identify, analyze and describe all aspects of the action and the legal event. The purpose of the documentary vote is to find a legal framework for the event or legal act. Justification has the same meaning as reasoning, but it is different ...
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A reasoned opinion is a decision that a judge and an arbitrator identify, analyze and describe all aspects of the action and the legal event. The purpose of the documentary vote is to find a legal framework for the event or legal act. Justification has the same meaning as reasoning, but it is different from reasoning. Description is a legal technique that connects subject matter to judgment. In order to issue a verdict, the judge first examines the origin of the plaintiff's request and, by discovering the truth, describes the act and the legal event, and finally selects its legal form, and based on that, fulfill the sentence and issues the verdict. This research deals with the role, position and effect of reasoned, documented and justified opinion in ensuring judicial justice and the rights of the parties and guaranteeing the non-observance of these factors, which, as the case may be, is related to compensation for the damages, disciplinary violations and criminal offenses. Therefore, first, the concept and nature of reasoning, documentary, justification of the verdict, its examination and difference with the legal description of the case, and its effects are determined.
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.
