Arbitration in the shadow of the Adversarial System of Procedure  and Justification of Decision,

Mohseni, Hassan; Mahmoodi, Golnoosh

doi:10.22106/jcr.2024.2015926.1462

Arbitration in the shadow of the Adversarial System of Procedure and Justification of Decision,

Authors

Hassan Mohseni ¹

Golnoosh Mahmoodi ²

¹ University of Tehran

² PhD Student University of Tehran, Alborz Campus

10.22106/jcr.2024.2015926.1462

Abstract

It is necessary to observe the principles of proceedings in every proceeding, because it is one of the requirements of a fair proceeding. The arbitrator is also required to observe the principles governing the proceedings, such as the principle of adversary and reasoned and justified decision. The principle of adversary is fully related to the defense rights and its implementation in the proceedings is necessary to protect the rights of litigants and fair proceedings. Also, a part of the reviewed decision is about the justification of the referee's decision. Any decision issued in the absence of reasoning and justification has no legal and judicial value. In the judgment under review, the violation of the principle of adversariality of the proceedings (la contradiction) and the principle of justification caused the arbitrator's award to be invalidated. The principle of adversarial system is mandatory in all cases, but the principle of justification may have a different quality in arbitration or it may be discarded based on considerations.

Keywords

Adversary procedure

Procedural Principles

Arbitration Award

Reasoned and Justified award

Subjects