today Wednesday, May , 2018

Judgment

Is to resolve differences between the parties to arbitrate those parties by transferring them to choose their own accord. Islamic Republic of Iran in Articles 454 to 501 of the Civil Procedure Code to discuss the judge’s seventh.

Including the merits of referring to the judgment of the selection procedure of arbitration to resolve financial disputes, partnership and contract cost and compliance paperwork and civil procedure it is not required, and also the relationship between the parties and their interaction with the referee or judges done better. In addition, the issue of the judges is easier and the results better and also prevent the prolongation of the proceedings.

The meaning of the judge of arbitration

One who has the consent of the person or persons in the case or specific cases in which he is involved, judge.

In some cases not referred to arbitration. Legislator exceptions in Article 478 of the Civil Procedure Code has reckon. For example, claims related to the termination of the marriage, divorce, birth and claims related to the bankruptcy of Such claims are also dealing with criminal cases, the court and the judgment is out and must be addressed.

Arbitration agreement

In case of dispute and conflict, persons under the following conditions may refer the dispute to arbitration:

The parties have the capacity to sue.

The parties consent to the referral to arbitration; this case is listed in Article 454 of the Civil Procedure Code.

We must say that the referee should have the qualities of a judge under Article 469 of the Civil Procedure Law, the following persons can not be appointed as an arbitrator unless the parties consent:

Those who are younger than 25 years.

Those who are interested in the claim or dispute.

Those with one of the parties relative to the second degree of relationship by marriage or have third floor.

Or their spouses who are the heirs of one of the parties.

Those guardian or guardian or lawyer or manager of one of the parties or one of the parties is the steward of them.

Those with one of the parties or by persons or close relative by marriage up to the third floor to the second degree, criminal proceedings have in the past or present.

Civil servants in the mission.

The above parties if the parties consent to arbitration the parties can chose them. The following persons in accordance with Article 466 of the Civil Procedure Code, although the parties consent can not be selected as a judge:

People who lack legal capacity (Mhjvryn ranging from minor, lunatic, idiot and bankrupt) are.

Who by virtue of a final judgment of the court of arbitration have been denied.

Who by the final decision of the court proceedings are not possible.

Furthermore, Article 470 of the Civil Procedure Act, all judges and administrative staff working in courts of arbitration is prohibited. Note in this context that the administrative staff working in courts of justice is mentioned in the article only employees