Recognizing the Arbitral Tribunal's Decisions  in International Commercial Arbitration

Miri, Hamid

doi:10.22080/lps.2025.29814.1783

Recognizing the Arbitral Tribunal's Decisions in International Commercial Arbitration

Document Type : Original Article

Author

Hamid Miri

Assistant Professor, Department of Jurisprodance and Law, Faculty of Humanities, Gonbad Kavous University, Gonbad Kavous, Iran.

10.22080/lps.2025.29814.1783

Abstract

An arbitrator makes various decisions during its proceedings. A number of these decisions do not resolve the dispute and, since they do not affect the arbitration proceedings, They will not be final and binding,. so they are called as administrative orders. These decisions do not require reasoning and cannot be challenged. On the other hand the decisions issued by arbitrator are considered final because they resolve the dispute whether it is related to a part of the dispute or the whole of it in which case these decisions are known as awards. This category includes decisions such as final and partial awards which are reasoned and can also be challenged. However regarding the meaning and criteria for distinguishing interlocutory decisions and provisional and interim decisions from other arbitration decisions, assuming the belief that these decisions do not resolve the dispute, but from the perspective that they must be reasoned and that deviation from them is only possible in special cases, in this research they are referred to as quasi award. In this article, in a descriptive-library manner with a comparative approach and a study of the rules and laws of pioneering and well-known arbitration, the decisions of the arbitration institution are distinguished from each other.

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