baran hatami; mostafa elsan; Mohammad Ali amhakimyan
Volume 12, Issue 2 , September 2023, , Pages 71-86
Abstract
One of the basic principles in dealing with disputes is the impartiality of the investigating body. This issue is important not only in court proceedings, but also in resolving disputes ...
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One of the basic principles in dealing with disputes is the impartiality of the investigating body. This issue is important not only in court proceedings, but also in resolving disputes through arbitration. Considering the ambiguous approach of the Iranian legislator regarding the principles of proceedings in arbitration, the concept and effects of arbitrator's neutrality are not clear in Iran's legal system. This is despite the fact that the neutrality of the arbitrator has been emphasized in the arbitration rules of England as well as the international arbitration institutions, and its scope has been expanded even before the start of the proceedings. This article, with a descriptive-analytical method, aims to investigate the concept, dimensions, and works adopted in these two legal systems regarding the neutrality and bias of the arbitrator. The present research concludes that unlike the legal system of England, there are still serious gaps in the legal system of Iran both in the basics of the necessity of impartiality of the arbitrator and in the description of its dimensions and effects
