Dept. of Law, Alborz Knowledge, Non profit University, Abeyek, Ghazvin, Iran , Heydarzadeh.sohrab89@gmail.com
Abstract: (947 Views)
Background: fairness is used to resolve disputes by a judge or arbitrator, sometimes as a general legal principle ("principle of fairness") and sometimes as a high moral principle that can dictate legal rules ("principles of justice and fairness"). Placed. Regardless of the order of the practical fruit of the distinction between these two concepts, what is certain is that they are different from each other in many ways. Therefore, the present study deals with the ethical investigation of fairness and justice in the arbitration of public bodies. Conclusion: The origin of the principle of fairness in today's concept, in domestic law, goes back to the German Roman system from 1625, derived from Aristotle's point of view, and in international law, it goes back to 1920. A fair solution based on the principles of justice and fairness in domestic law, influenced by the UNCITRAL arbitration rules, dates back to 1967 and in international law, to 1920. The principle of fairness is usually a legal norm that is considered as a part of the law in decision making, but the nature of the principles of justice and fairness is moral and it is a type of freedom of action in judgment that the judge makes a decision outside the realm of legal rules. While resorting to the principle of fairness often does not require the consent of the parties to the dispute, the use of the principles of justice and fairness in any situation and in any organization requires such consent. Fairness in Iranian law, except in paragraph 3 of Article 27 of the International Commercial Arbitration Law, as a general legal principle, it is often implicitly, more or less taken into consideration in the laws or judicial procedure.
Heydarzadeh Lakoojdehi S. Ethical Examination of Fairness and Justice in the Arbitration of Public Bodies. Ethics in Science and Technology 2024; 19 (3) :93-101 URL: http://ethicsjournal.ir/article-1-2947-en.html