Analysis of Multiple Dimensions of the Third Party's Role in Arbitration Awards According to the Civil Procedure Law and the International Commercial Arbitration Law
Journal: International Journal of Nations Research (Vol.7, No. 79)Publication Date: 2022.06.21
Authors : Farnaz Ebrahimi Mercedeh M. Zargar;
Page : 115-140
Keywords : Third Party; Arbitration Rulings; Civil Procedure; International Commercial Arbitration; Law;
Abstract
This article aims to investigate the multiple dimensions of the role of the third party (objection, appeal and entry) in arbitration awards in accordance with the Civil Procedure Law and the International Commercial Arbitration Law of Iran, as well as the existing doctrine in this topic, such as the group of companies, staple and setting aside the pard. Considering the expansion of the arbitration issue, especially after the spread of the corona disease and the complexity of commercial contracts, which often have a precondition for arbitration, it is important to examine the role of a third party in arbitration. Especially since the role of the third party is an extraordinary thing in judging; It is explained that the arbitration rulings are only valid for those who have signed the arbitration agreement. But as we have a jurisprudential rule, "We are general except for special" means there is no law unless it takes some kind of exception. As a result, in special circumstances, it is possible to file a lawsuit and enter a third party and protest in the arbitration matter. Articles 417-421 and 475, 476 of the Civil Procedure Law, as well as the mentioned doctrine, somehow refer to these conditions. In this article, we are trying to answer the question, what are these conditions and how can they be achieved? And also what are its shape rules? After expanding the conceptual space of arbitration, questions are addressed. The research method in this article is analytical-descriptive and the method of collecting library materials.
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