A comparative study of the limits of arbitrator's powers in Iranian and French law

Document Type : Original Article

Authors
Ali yarinejad
ali sarihi
PhD student in private law, University of Judicial Sciences and Administrative Services
Abstract
Arbitration, as a dispute resolution institution that is very popular in the world of law, has a series of limitations compared to proceedings conducted in state courts. Some of the limitations are related to arbitrability, which will exclude referral to arbitration in some cases. Such as crimes and some cases in family law, other cases where the arbitrator has the right to intervene under the supervision of the state have a series of limitations. In the article, by examining these cases, it has been argued that we should remove the limitations that do not have solid foundations for implementation from the parties and the arbitrator and, like the judge, give the arbitrator the authority to do so so that he can conduct the proceedings in a better way. Cases such as hearing witness testimony, examining the site and local investigation are of this type. Also, other cases that have legal limitations in terms of the basis of the limitations can be implemented and facilitated by forming a legal intermediary between the arbitrator and the court.
Keywords
ArbitrationØ› Arbitrator's powers
French arbitration
Arbitrator's numerical appointments