Arbitration in Iranian Legal system;
Arbitration means ending a dispute by individuals, while the parties of the dispute willingly agree to refer their claims and arguments to their trusted people, instead of eligible courts of law.
their claims and arguments to their trusted people, instead of eligible courts of law.
In other words, arbitration means settling a dispute outside a court of law with the binding decision of person(s), who are accepted and trusted by the parties. Such trusted individuals are accepted and trusted by the parties. Such trusted individuals are appointed either directly by the parties of dispute or indirectly via the help of certain people.
via the help of certain people.
In fact, the arbitrator would be one or more persons trusted and accepted by the parties. The legal definition of arbitration, according to Iranian legal textbooks is not far from its more persons trusted and accepted by the parties. The legal definition of arbitration, according to Iranian legal textbooks is not far from its meaning. The arbitration practitioners explain the concept of settlement as follows: “It is not settlement as follows: “It is not prohibited to refrain from going to official courts of law and take the private disputes to refrain from going to official courts of law and take the private disputes to individuals who are specially trusted for their technical knowledge, good reputation, and knowledge, good reputation, and trustworthiness. This type of dispute settlement is called Arbitration” This type of dispute settlement is called Arbitration” . According to MatinDaftari, “Settlement happens when people avoid the judiciary officials’ interference for the purpose of ending disputes related to their private rights and arguments, ending disputes related to their private rights and arguments, instead, they submit to the judgment of individuals, who are trusted due to their technical trusted due to their technical information, good reputation, and trustw01ihiness. trustw01ihiness. Some law scholars believe that “arbitration includes ending disputes by individual, either happily chosen by the parties, or arbitrarily appointed by judiciary organizations.” arbitrarily appointed by judiciary organizations.” Professor Rene David writes “Arbitration is a technique targeted at settling issues between two or more persons by one or more individuals called Arbitrator(s). The arbitrators’ authorities individuals called Arbitrator(s). The arbitrators’ authorities come from a private agreement, and they make decision and issue verdict based on such verdict based on such agreement, without being obliged to do so by the government”. without being obliged to do so by the government”. Comparison of the said definitions with the other definitions reveals that there are different answers to the following issues and questions regarding settlement or arbitration; following issues and questions regarding settlement or arbitration; Contractual: Based on certain definitions, arbitration is simply contractual, and the arbitrators come from agreements and contracts. On the other hand, settlements in certain other definitions from agreements and contracts. On the other hand, settlements in certain other definitions could be by law. Public: Some law scholars believe that arbitration is completely public, while the others are on the belief that it is governmental or semi-governmental.
The above-said differences reveal that lawyers have provided certain definitions based on the legal circumstances of their time. It means that they have provided certain definitions of that they have provided certain definitions of arbitration, according to the arbitration regulations in the applicable law of the time they have according to the arbitration regulations in the applicable law of the time they have lived. In review of Iranian legal history, it is determined that arbitration has been always accepted and respected by the public as a resolving method for the disputes and disagreements. Here, we are going to study the development of arbitration rules in Iranian legal system before and after Islamic revolution in Iran in 1978.
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