نوع مقاله : علمی - ترویجی
استادیار پردیس بینالمللی کیش دانشگاه تهران
عنوان مقاله [English]
Retrial like other ordinary and exceptional ways of protest to award is a way which can have different impacts on the impugned final judgment, its pro_ proceedings and both parties based on its situations and legal act. One of these impacts is the effect of retrial on the process of the enforcement of award and can stay it. In other words the execution would be stopped through retrial. Stopping the execution of final judgment is subject to conditions such as transition from the first steps of proceeding in retrial and making an order to acceptance of retrial request. After issuing the acceptance of retrial, the impugned final judgment would be affected in the process of execution based on its being a financial or non-financial case. In case of non-financial affairs, the execution of award is stopped and for financial cases, the execution of award would be in process in case all the suitable security is paid by the judgment creditor in order to compensate the probable financial losses. If the financial compensation is not affordable at the discretion of the court or in case the winning Party is not able to pay the suitable security, the financial case would also be stopped.