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Volume 6, Issue 1 (4-2024)
Int. J. Ethics Soc 2024, 6(1): 33-42 |
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Garshasbi A, Maleki J, Asgharian M. Ethical Conflicts in Compulsory Arbitration with the Right to Action and Judicial Justice. Int. J. Ethics Soc 2024; 6 (1) : 4
URL: http://ijethics.com/article-1-287-en.html
URL: http://ijethics.com/article-1-287-en.html
1- Ph.D. Student in Law, Kish International Branch, Islamic Azad University, Kish Island, Iran
2- Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran , j_maleki@iauctb.ac.ir
3- Department of International Law, Faculty of Law and Political Sciences, Kharazmi University, Alborz, Iran
2- Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran , j_maleki@iauctb.ac.ir
3- Department of International Law, Faculty of Law and Political Sciences, Kharazmi University, Alborz, Iran
Abstract: (32 Views)
Introduction: Arbitration has a contractual nature and is subject to the sovereignty of the will of the parties, but in some cases, the legislator imposed the referral of claims to arbitration on the will of the parties and caused the contractual nature of the arbitration clause to disappear or be limited. By doing this, he has placed the arbitration outside the will of the parties. This issue causes some moral conflicts in the discussion of compulsory arbitration. Therefore, this research has been done with the purpose of examining the position of compulsory arbitration in Iran's legal system and the ethical challenges in it with a descriptive-analytical approach.
Material and Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed
Conclusion: Based on the findings of the research, it can be concluded that compulsory arbitration in Iran has ethical challenges in the field of implementation and interpretation, the most important of which is the issue of the right to action and judicial justice. In the context of ambiguities in mandatory arbitration, even if the method of arbitration becomes ambiguous, the arbitrator has the duty to find out the will of the legislator with the principles and rules of interpretation, which creates a moral conflict for the arbitrator.
Material and Methods: The research was a review method, in order to achieve the goal of the research, in addition to electronic education books and virtual education in this field, articles related to the research keywords from 2004 to 2022 from the databases of Civilica, Magiran, Sid, Researchgate, Science direct, was reviewed
Conclusion: Based on the findings of the research, it can be concluded that compulsory arbitration in Iran has ethical challenges in the field of implementation and interpretation, the most important of which is the issue of the right to action and judicial justice. In the context of ambiguities in mandatory arbitration, even if the method of arbitration becomes ambiguous, the arbitrator has the duty to find out the will of the legislator with the principles and rules of interpretation, which creates a moral conflict for the arbitrator.
Article number: 4
Type of Study: Research |
Subject:
Special
Received: 2023/10/1 | Accepted: 2023/11/1 | Published: 2024/04/26
Received: 2023/10/1 | Accepted: 2023/11/1 | Published: 2024/04/26
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This work is licensed under a Creative Commons Attribution 4.0 International License.
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