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Ethical Challenges of Arbitration in Iranian Law
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Abstract: (600 Views) |
Background: The arbitration agreement is binding between the parties like any other agreement. The parties choose a person to resolve their dispute and provide him with their most confidential secrets. Now, he is the one who must be responsible for such trust by adhering to the highest moral principles and consider the commitment to the aforementioned rules as part of the duty that the parties to the dispute and the human society have placed upon them. The arbitrator has moral obligations towards the parties to the dispute, the observance of which, more than anything else, makes the relations between the arbitrators and the parties clear, on the one hand, and the arbitrators with each other, on the other hand. The present study was formed with the aim of examining the ethical challenges of arbitration in Iranian law.
Conclusion: In recent years, referee injuries have increased significantly. One of the main reasons for the increase in cases of injury to arbitrators is that the parties to the dispute do not trust the arbitrator appointed by the other party, and usually, seeing the arbitrator's lack of impartiality, they want to remove him from the arbitration court. Although the challenge of non-observance of ethical principles becomes a problem in theory, the problem that besets judges in practice is that the nature of moral obligations and the scope of compliance with said obligations are not very clear for judges, and this causes the judge to be offended or invalidated. The arbitration decision is made by the court. Efforts have been made by international organizations to overcome these recent problems, and collections such as ethical charters and behavioral recommendations for referees have been compiled. These charters and recommendations generally include several important ethical obligations such as neutrality, independence, confidentiality, disclosure and hard work. |
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| Keywords: Arbitration, Challenge, Iran's rights, Ethics, Need for independence and impartiality |
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Full-Text [PDF 652 kb]
(240 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2022/09/17 | Accepted: 2022/11/20 | Published: 2024/02/13
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