نوع مقاله : علمی و پژوهشی
نویسنده
عضو هیأت علمی گروه حقوق و فقه اجتماعی پژوهشگاه حوزه و دانشگاه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Determining the exact nature of arbitration affects the scope of the applicable law on arbitration and the legal status of the international arbitrator and the exercise of his independence in any national legal system in which the arbitrator operates. In response to the question of the legal nature of arbitration, several theories have been proposed in Western law. Among the theories focused on resolving the conflict between the field of public law and private law, some have given priority to the field of public law (judicial nature and the nature of privilege) and some to the field of private law (contractual nature) and some have sought reconciliation between the two fields. (Combined nature) Among the theories accepting the evolution of arbitration in the field of world trade, some have emphasized on the independence and transnational nature of arbitration (independent or self-governing nature) and some newer theories on various sources of arbitration, both national and transnational.
Given the lack of international arbitration in the past and the prevalence of arbitration only internally and in the territory of a government, although the appearance of the sayings of Imami jurists is to adopt a judicial nature for consolidation and arbitration, a closer look at the jurisprudential expressions that in their view is a combination ) Rules over arbitration.
This article is a descriptive-analytical method; Considers the combined nature to be the exact legal and jurisprudential nature in the field of domestic and international arbitration law.
کلیدواژهها [English]
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