نوع مقاله : علمی و پژوهشی
نویسنده
مدرس مقطع دکتری دانشگاه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The annulment of the arbitration contract or the expiration of arbitration period are reasons that leads to the annulment and dissolution of the arbitration clause. Because the field of arbitration is lost. Note to Article 491 of the Code of civil Procedure, by referring the parties to the court in case of annulment of the arbitral award, in accordance with the principles of appearance includes all assumptions of the annulments On the other hand, absolute arbitration don’t be affected by the annulment of arbitration award. Because in this kind, arbitration itself is desirable for the parties and not the arbitrator himself. Therefore "Party autonomy" is required arbitration to be continued and there is no obstacle for repeating the arbitration with the appointment another arbitrator (especially if the arbitration clause is agreed as exclusive dispute resolution). Because absolute arbitration clause has the capacity to be repeated and the court must pay attention if the defendant objects.. While it must be distinguished between Reasons for annulment. Although it ends the arbitration when arbitrators were specified. Because first; the contractual obligations has been executed and secondly; contract framework, preclude the extending arbitration by the others.
کلیدواژهها [English]
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