First topic: Arbitration Optional
Optional arbitration pursuant to Article 454 Q..d.m divided into two types
A.) referring to the referee before the dispute before the court plan
- B) refer the matter to the referee and after the project after a dispute in court
As mentioned above parties to the contract may also deal be required or pursuant to a separate agreement compromise that if the production of the dispute to arbitration, refer the parties to know the main contract or by virtue of the separate agreement the arbitrator or arbitrators as to compromise their choice or choose a third-party challenge
Will leave, but the free will and choice of the parties in the dispute to arbitration can not always work
refer the arbitrator or arbitrators or committees that they have the same nationality, who is the counterparty. Any transaction or contract that is contrary to this law is in part the opposition will be null and void.
However, Article 456 has opposite concept that needs to be made after the dispute is clear that the Iranian side would be subject to arbitration, but we can say that before the dispute by Iran could commit that in case of dispute it Iranian arbitrator or arbitrators referred to an arbitrator or arbitrators, or refer to a nationality apart from the nationality of the parties to the transaction and contract
Iranian legislator to protect the interests and the interests of the Iranian people and avoid infringement of the rights of the Iranian people is predicted this matter
Second topic: arbitration
Where the Court refers the matter to arbitration are listed below
۲ .The single article of the law amending the relevant provisions of the Divorce Act and the implementing regulations of the Act 28/12/70
۰۸٫۲۸٫۷۱ couple who want to divorce must apply to the court for a divorce. If the difference
Not settled through the courts address the issue of the judges who are elected by their spouses or refer the Court. According to the rules and regulations of the above-mentioned judgment in this position is not subject to the terms set out in the Civil Procedure Code and must have the following qualifications.
- A) Muslim;
- B) the relative familiarity of family legal and social issues;
- C) the minimum age of 40 years;
- D) married;
- E) believes;
And) lack of reputation for debauchery and corruption
- Clause 2, Article 3 of the Civil Court Act specifically approved by the seals 58 «In cases where the husband invoked Article 1133 of the Civil Code divorce court in terms of the first verse (Van Khftm fissure Bynhma Fabsv phases of sages I Yryda van Yvfq’s reforms
Some of the lawyers for the other divisions are not recognized forms of arbitration and compulsory arbitration discretionary judgment of the relative and absolute compulsory arbitration have split.
Arbitration relative: It means that if one of the parties the courts for referring the dispute to arbitration, a court is required to accept the request and refer the matter to arbitration is like Article 5 of the Family Protection Law, approved in 1353. Arbitration absolute: the case law references dispute to compulsory arbitration as the relevant provisions of the law concerning aware of our relationship to the divorce Act and its implementing regulations approved 12/28/70 28/7/71