Assignment of Arbitrator in Domestic Arbitration

Abstract

Arbitration is one of the common dispute settlement methods in which the arbitrator is considered the key element. Methodology: In the Iranian law, besides the arbitrary official of appointing arbitrator, there have been envisaged other legal officials in Civil Procedure Code 2000 and some other special laws. Except for the conditions particular to the parties to a dispute and the arbitrator appointment office, the person appointed as an arbitrator is required to have some positively-or-negatively-defined specifications including not being beneficiary. Results: Following the conclusion of the arbitration contract and the appointment of an arbitrator, conforming to the Contracts' Necessity Principal, the provisions of such contract will be binding and irrevocable and the other parties to a dispute will not be able to loge unilaterally an appeal before the courts of justice, unless by mutual consent, the arbitration contract is annulled or cancelled through a legal manner. Conclusion:  meanwhile, the parties to the dispute shall attract the acceptance of their appointed arbitrator(s) and finally the arbitrator's appointment imposes some effects and obligations to the parties to arbitration and the arbitrator themselves, which the both are obliged to observe, otherwise it causes their mutual responsibility.