Comparative study of supervision of arbitration decisions in Iran and Turkey (with a look at electronic arbitration)

Subject Areas : Legal Studies of Cyberspace

saeed hajizadeh ¹ , Adel abbasi ² , یوسف مولایی ³

1 - Department of law.ialamic azad university urmia branch
2 - aa
3 - استادیار گروه حقوق خصوصی، واحد ارومیه، دانشگاه آزاد اسلامی، ارومیه، ایران //

Received: 2023-04-24 Accepted : 2024-11-01 Published : 2025-02-17

Keywords: Supervision, judicial control, arbitration, national law, electronic arbitration,

Abstract :

With the development of social developments in the field of ways and methods of settling claims, arbitration has been one of the most important institutions in organizing disputes, and therefore it requires systematization and legal tools for establishment and effectiveness.The process of making a decision by the arbitrator, which is crystallized in her document, will be approved or rejected by the court's opinion on the form and content of the issuance document if requested by the parties. Different legal systems have had special legislative approaches due to the importance of the position of arbitration in their structure in relation to the arbitrator's opinions, which we will examine in the present article in the two legal systems of Iran and Turkey. What is certain is that the arbitrator's adherence to the rules establishing the right and verifying the ruling spirit of the disputed issue on the one hand, and examining and commenting in accordance with the principles of arbitration in the light of the principle of expanding dispute resolution by civil society, on the other hand, by the court, lead to the consolidation of arbitration opinions and institutionalization. It will be its bed. Since the virtual platform facilitates the possibility of social interactions and exchanges, and electronic arbitration also has advantages in terms of removing obstacles in traditional arbitration, the upcoming challenges in the mentioned field will also be mentioned.