The possibility of reviewing and revising arbitration decisions

Articles in Press

Document Type : Original Article

Authors

1 Religion and University Research Institute

2 Lecturer at higher levels of Qom Seminary

3 Member of the academic staff of the Judiciary Research Institute

4 Department of Islamic and Civil Law, Faculty of Law and Political Sciences, Shiraz University

Abstract

In addition to the courts dealing with the disputes of the parties to the dispute, the institution of arbitration is considered a specialized, fast and increasingly popular method due to the respect for the sovereignty of the will of the parties to the dispute in determining the arbitrator and choosing the procedure.
In the discussion of the effects of arbitration, although the judgment issued in arbitration is generally effective for the parties present in the arbitration, the question is whether it is possible to review the judgment issued by other arbitrators and judges or not? If this is possible, on what basis and in what cases is it possible to review the issued decision?
In this article, while examining and criticizing the supporting evidence of the rule "the sanctity of violating the ruling of a mujtahid judge", while proving the lack of ijtihad in the position of issuing a decision and the lack of difference between the decision of the appointed judge and the decision of the arbitrator (judge of consolidation) due to the revision of Manat, the theory of revision and the possibility of revision The decision issued by the arbitrator (just like the judge's decision) is accepted due to the evidence of the influence of the judge's ruling and the inclusion of this evidence in the second judgment, but the possibility of review and appeal is limited to the absence of chaos and is limited to cases that lead to invalidity or The lack of credibility of judicial opinions and arbitration and the weakening of the ruling body should not prevail.
Many times, the possibility of revision of executive methods lacks Sharia ruling, which at different times according to the different circumstances that exist, the sovereignty of the Islamic country determines its limits and territory

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