نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
Articles 489 to 492 of Civil Procedure Law appear in the limitation of judicial supervision over arbitration awards in the form of annulment claim, and upon the expiration of the period, the enforcement order is imposed on the court. However, some Annulment Grounds are related to public order and have serious effects on the consistency, dignity and interests of the society. Therefore, it is not acceptable to adopt the passive position of the court in facing these grounds, simply because the parties have failed to annul the arbitration award. Therefore, contrary to the grounds of relative annulment that the possibility of challenge to arbitration award is loosed by expiry of the twenty-day period, in relation to inherent grounds, the right of the sovereignty to control in line with public order will remain. In the international commercial arbitration law and the law of Iran's accession to the New York Convention, the separation of public order from personal grounds is accepted as one of the universally accepted principles. However, in domestic arbitrations, despite the necessity of separation of inherent and relative grounds from the doctrine, the absence of clear legal documentation and the lack of explanation of this theory make it difficult to rely on this separation and its legal effects. In this article, attempt has been made to solve the gap of the legal basis for the separation of inherent and relative annulments grounds in domestic and explain its legal bases with the descriptive-analytical method and library study.
کلیدواژهها English