A Study of the Iranian and French Legal Systems Regarding the Non-Recognition of Arbitral Awards in the Light of International Human Rights Rules
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 8 No. 1 (1397),
2 Aban 2018
,
Page 123-141
https://doi.org/10.22037/bioeth.v8i1.32834
Abstract
Background and Aim: International arbitration as the best and most effective dispute resolution mechanism is subject to the intervention of national courts. One of these ways of influencing is the role and influence of national courts in not recognizing and enforcing international arbitral awards. Which is related to human rights issues, ie arbitration requires principles such as fair trial, which are present in human rights and must be observed in order for proper arbitration to take place. Iran is a French legal system and UNCITRAL rules with an emphasis on international human rights law.
Research Method: The research method in this article is citation method and using valid books and articles.
Ethical Considerations: In pre-ethical research such as; Preservation of the originality of the texts and fidelity has been observed.
Findings: The issue of integration between international arbitration and human rights has always been the subject of discussion and discussion of doctrine. Although there are pros and cons, but the views of human rights advocates for human rights involvement in private law and arbitration Although there is much debate today about limiting the involvement of national courts in international arbitration in order to respect human rights issues, governance requirements, in particular the need to comply with national and international public policy and Preserving the dignity of arbitration and respecting the will of the parties, as well as supporting them in order to enjoy a fair and just trial, justifies the intervention of national courts in cases authorized by law. Accordingly, in this article, we try to examine the cases of non-recognition and enforcement of arbitral awards in the rules of the UNCITRAL, the Iranian legal system and French law.
Conclusion: In general, the most important cases of non-recognition and enforcement of arbitral awards: incompetence of the parties to the arbitration agreement, invalidity or lack of a valid arbitration agreement, incompetence of the arbitral tribunal, violation of the composition of the arbitral tribunal or non-compliance with arbitration procedures. Violation of public order and violation of the principles of fair trial.
Please cite this article as: Moghiseh H, Moradi H, Nagizadeh Ansari M. A Study of the Iranian and French Legal Systems Regarding the Non-Recognition of Arbitral Awards in the Light of International Human Rights Rules. Bioethics Journal, Special Issue on Citizenship Rights, Autumn 2018; 123-141.
- Arbitration; International Arbitration; Human Rights; Public Order; Fair Trial; UNCITRAL; Jurisdiction; Justice
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