نوع مقاله : مقاله پژوهشی
نویسنده
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Just as judges are independent and parties to a dispute cannot refuse to comply with their verdict due to dissatisfaction, the arbiter or arbitrator is independent, and the future satisfaction of the parties is not a condition for the arbiter’s verdict to be operative. This results from the judgmental nature of arbitration because, in its nature, the arbitrator is not considered an attorney for the parties. Another reason is that, according to the more accurate jurisprudential opinion, the arbiter becomes independent as soon as the parties grant him qualification. Parties cannot refuse to recourse to the arbiter or arbitrator or incapacitate him not only after the verdict is issued but also during the course of the procedure. Likewise, arbitration, like judgment, follows the “authority of judged res” rule, and even the arbiter cannot violate or modify his decision after it is issued.
کلیدواژهها [English]
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