Document Type : Scientific Research

Authors

• ehsan mozafari ¹
• Mahmood Qayoom zadeh ²
• Mohammad Pasban ³

¹ Ph.D. Student in Private Law, Islamic Azad University

² Professor in Private Law, Islamic Azad University

³ Associate Professor of Law and Political Science, Allameh Tabatabaei University

Abstract

In Iran's laws, there is no reference to the laws creating the rights, and only in Article 482 and paragraph 1 of Article 489 of the Code of Civil Procedure of Iran, it is necessary to observe it in the Arbitral Tribunal. Despite frequent references to the requirement to observe the laws creating the rights in arbitration, However, the lack of an explanation of the concept and even the lack of reference to the examples of the laws that create the right in the laws makes an obstacle to the determination of its boundaries. Exception of the two provisions of the Code of Civil Procedure of Iran, there is no reference to the concept of the laws creating the rights elsewhere and this has led to some semantic similarities between concepts such as public order, rules of the law, and the principle of fairness. And that is why the precise definition of the laws creating the rights, as well as determining its implications in the laws and regulations of Iran, has become one of the most controversial elements of arbitration agreements. Because the lack of a single understanding of its content has added to the scope of ambiguity regarding revoke of arbitrator's verdict.

Keywords

• Key words: The Laws Creating the Rights
• Substantive Rules
• Revoke of Arbitrator's Verdict
• Public Order
• Equity Principle