Institutionalization of arbitration in legal contracts

Somayeh Turkman, a lawyer and legal adviser, told a Mehr reporter about the institutionalization of the arbitration institution in the contracts: “Today, according to the development of transactions and consequently, the need to adopt efficient measures to resolve the disputes further.” One solution is the agreement of individuals to refer their disputes to the arbitrator (individual or natural or legal persons) as a separate and independent institution of courts and judicial authorities.

He added: “With its own privileges, the institution plays an effective role in speeding up the resolution of disputes, reducing the costs of handling and reducing the volume of judicial cases.” These privileges include the referee's need to comply with the formalities of the Civil Procedure, the ability to determine the arbitrator or arbitrator, and to determine the time and place of the arbitrator, and even the way the vote is communicated by the parties.

The lawyer added: “But what will be important in the meantime; The selection of a specialist and qualified arbitrator or arbitrator is neutral and familiar with the subject of the dispute because in the event of a dispute, the right to refer to one party to the court is deprived and the arbitrator must necessarily issue a verdict unless the parties to each other are in agreement.

Turkman said: In order to avoid legal challenges, it is better to obtain a date or signature of the arbitrators, with a detailed specifications and signature of their arbitration, with the date of acceptance of the arbitration under the contract. Also, the authority of the expertise and the investigation and hearing of the testimony of the witnesses and the examination of the site, in the condition or contract of arbitration, should be stated. It should be noted that, in accordance with the law, if the arbitrator is not specified precisely, the authority of the arbitrator (not the proceedings) shall be the court.

The legal adviser continued: Given that the purpose of judging the chapter is hostility, therefore, appropriate time and arrangements (which will be from the date of notification of the matter to the arbitrator) shall be determined according to the request in the contract so that it can be reviewed and issued accordingly. Also, if the parties agree, the duration of the arbitration will be extended (for example for another period).

He said: Since the procedure of the courts is the non -independence of arbitration, therefore, in the requirement of the original contract, it is explicitly stated that the arbitration is independent of the main and present contract, and the arbitrator may, such as any dispute between the parties to the contract, including the interpretation or interpretation of the contract. Legal) comment.

Turkman said: It is worth noting that if the arbitration condition is included in the case of disputes, the matter is first resolved through negotiation or compromise; It must necessarily be determined by negotiation or reconciliation (which must be determined by the deadline), but the arbitrator's proceedings without the execution of the aforementioned formalities will be in vain and voting.

The lawyer said: Ultimately, by the law of any parties to the arbitration, the arbitration may be contrary to the following directions, the arbitrator may, within twenty days of the arbitrator's decision to refer to the court, or the court that is eligible to handle the principal of the litigation:

2. The verdict shall be against the laws of the law.
2. The arbitrator has issued a verdict on what was not the subject of arbitration.
2. The referee has issued a vote outside his or her authority. In this case, only the part of the vote that is outside the authority of the referee will be revoked.
2. The arbitrator's verdict has been issued and submitted after the arbitration period expires.
2. The arbitrator's vote is opposed to what is registered in the real estate office or between the parties in the notary and has legal validity.
2. The verdict has been issued by referees who were not allowed to vote.
1- The contract has been discredited.

Turkman added: “The deadline for people living abroad will be 6 months and for those who have justified legal excuse after the excuse will be eliminated.”

In the end, he said, we hope that by using the guidance of experts and predicting and clarifying the process of arbitration in contracts while institutionalizing this institution in domestic law, we will increase its effectiveness and function.