Recognition and enforcement of Domestic Arbitral Awards in Iranian law, with a comparative study of Australian law

Document Type : Research Paper

Authors

1 PhD Student in Private Law, Department of Law, Urmia Branch, Islamic Azad University, Urmia, Iran.

2 department of law, faculty of human of science, azad islamic university, urmia branch, urmia, iran

3 دانشیار دانشکده حقوق دانشگاه شهیدبهشتی

Abstract

Unlike international commercial arbitration, where the issue of recognition has been explicitly considered as necessary requirement of arbitral award enforcement, in domestic arbitration there is no specific provision about recognition in the Act relating to the enforcement of internal arbitral awards. Therefore it is debated whether recognition is essentially a requirement to the enforcement of such awards or if the court is bound to enforce arbitral award if it is not revoked by the competent court and cannot refuse to enforce such award in contravention of obligatory rules or public order. In Iranian law, the position of Article 489 of Civil Procedure Code is not clear and there is a disagreement in the judicial process as to whether recognition is necessary for enforcement. While in Australian law, because of similarity between rules governing the recognition of domestic arbitration with international arbitration, there is no discussion in this matter.
This article examines the recognition and enforcement of domestic arbitral awards in Iranian and Australian law and provides practical solutions for our country's legal system.
The purpose of this paper is to recognition and enforcement of internal arbitration in Iranian law and Australian law and to provide practical solutions for the Iranian legal system.

Keywords

References

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- رویه قضایی و قوانین و مقررات استرالیا
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