specialty journal of politics and law
Civil Liability of Arbitrators and Deputy Law in Transfer of Arbitration Contract
Hossein Ghorbanian, Mohammad Mehdi Ali Nejad Darsara
One of the things individual notice when setting up contracts is to discuss how to emerge dispute after signing the contracts which how they would react at the time, and there are many legal remedies that can be offered in two ways including 1) judicial poceedings and 2) non-judicial proceedings. The arbitration is a matter of judicial poceedings and can be clearly understood by looking at legal and historical texts. There has been a long history of arbitration before the judiciary poceedings but with different names such as white intercession, compromise and so on. But over time, this esteemed legislator has defined the laws and regulations in this regard. And it has not put too much strain on the judicial poceedings. The arbitrator is not required to observe the civil procedure in the poceedings and the verdict process and is much more flexible and the will of the parties plays an important role in this poceedings. And in light of the foregoing, what should be the circumstances of the arbitrator and the types of arbitration to be determined, and to what extent is the arbitrator liability and how much the impact of the arbitration contract transfer on the condition of arbitration? Does arbitration verdict have an impact on deputy law? Will the arbitration contract remain valid when the base contract is transferred? To what extent is the arbitrator's civil liability by issuing verdict that would harm the parties or the deputy? Who is liable for damages if the arbitrator issues a verdict? And these things will be discussed in this paper, and in the end, there will be a general conclusion to this discussion.