seyed mohammad Tabatabai Nejad
Volume 5, Issue 1 , January 0, , Pages 67-81
Abstract
For decades, the approach of legal systems towards private arbitration in public law has been characterized by a certain mistrust. Initially, this attitude may somehow have been linked to the traditional defining of arbitration as a method of dispute resolution between private parties and as a mechanism ...
Read More
For decades, the approach of legal systems towards private arbitration in public law has been characterized by a certain mistrust. Initially, this attitude may somehow have been linked to the traditional defining of arbitration as a method of dispute resolution between private parties and as a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the time the arbitration has been changed to an instrument of judiciary. This requires the arbitrators to decide not only the private issues but also the public issues that link with private matters. In this article what is important is the issue of enforcement and annulment of arbitration awards that relates to a public law matter. The public interests so are factors that shall be precisely considered to prevent the situation in which courts rejecting award in reviewing stage due to the fact that the public policy aspects of the case are not complied. In this article we analysis the competence of the court in reviewing the awards and its power to refuse from enforcement or annul an award.
