Review of Court Supervision in the Recognition process of Domestic Arbitration Awards (with Emphasis on Judicial Practice)

Elsan, Mostafa; Rezairad, Gholamreza

Review of Court Supervision in the Recognition process of Domestic Arbitration Awards (with Emphasis on Judicial Practice)

Document Type : Original Article

Authors

Mostafa Elsan ¹

Gholamreza Rezairad ²

¹ Associate Professor of Law, , Faculty of Law, Shahid Beheshti University

² M.A in Private Law and Judge

Abstract

the court the authority to recognize or not recognize the arbitrator's award at the stage of its enforcement. The tone of this part of the aforementioned Article also indicates that even in the case of a request for recognition or enforcement of the arbitrator's award, the court must refrain from recognition or enforcing it if it observes a violation of substantive and mandatory laws in the award.

One view, based on the first part of Article 489 of the Civil Procedure Code, is that if the arbitration award is clearly contrary to mandatory laws, the court can refuse to enforce it, and for this, there is no need for the parties to the arbitration to object or for such an objection to be within the deadline. In fact, it must be accepted that even if no objection is made to the arbitral award or if this objection is out of time, the court must refrain from enforcing the arbitral award that it finds to be contrary to one of the clauses of Article 489 of the Civil Procedure Code.

Keywords

Recognition

Enforcement of arbitration award

court supervision

obstacles to enforcement

judicial procedure

Subjects