New discover evidence and its effect on arbitration in Iran's arbitration law system and UNCITRAL convention and the International Court of Arbitration

Document Type : Original Article

Authors

1 Ferdowsi university of mashhad

2 Associate Professor. Department of Private Law. Faculty of Law & Political Science. Ferdowsi University of Mashhad

3 Assistant Professor of Private Law Department, Faculty of Law and Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran.

Abstract

The evidence that was not in the arbitrator's possession due to concealment or deception, as a new reason, is effective on the arbitration decision. Of course, in accordance with the national regulations of some countries, arbitration conventions as well as the procedure of arbitration courts, the new evidence causes the arbitrator to review the arbitration award again, which in turn leads to increasing the guarantee of justice and fairness and reducing the number of cases. Although most of the national regulations, international arbitration conventions and arbitration courts have deprived the arbitrator of this authority. In general, in this research, it was found that sometimes the review of arbitration decisions is done by the courts and sometimes by the arbitrator. In the common law legal system, unlike the Roman-Germanic legal system, the arbitrator can revise his decision after issuing a decision due to access to a new reason. In the arbitration courts, it is possible to review the arbitration award due to the discovery of a new reason based solely on the arbitration agreement. Anyway, according to the current regulations in Iranian law, the new reason has led to the revision of arbitration decisions by the courts; Although according to Article 33 of the International Commercial Arbitration Law, it is foreseen to allow the arbitrator to re-review the arbitration awards, but the resulting ambiguities have led to conflicting procedures. In any case, in the internal arbitration process, there is apparently no document for the re-entry of the arbitrator, but it does not prevent the annulment of the arbitration decision with a new evidence.

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History

  • Receive Date: 14 December 2023
  • Revise Date: 27 June 2024
  • Accept Date: 05 July 2024

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