نوع مقاله : مقاله پژوهشی
1 استادیار رشته فقه و مبانی حقوق، دانشکده علوم انسانی، دانشگاه آزاد اسلامی جیرفت، کرمان، ایران
2 کارشناسی ارشد حقوق خصوصی، دانشکده علوم انسانی و حقوق، دانشگاه آزاد اسلامی، واحد تبریز، تبریز، ایران
عنوان مقاله [English]
Arbitration is the most common method of dispute resolution in the field of international trade and it consists of resolving the dispute between the litigants by handing it over to the arbitration of the persons chosen by the litigants by agreement, and it includes two stages of handling the dispute and recognizing and enforcing the decision. . But this goal becomes more complete when the decision is valid and enforceable. For this purpose, the decision issued by the international commercial arbitration authority needs to be recognized and enforced by the executing authority. In the meantime, there are obstacles on the way to the implementation of the decision, of which the criterion of public order is the most general and the most prominent, because usually the condemned against the arbitration decision is tried with the help of public order and by resorting to reasons and obstacles that are supported by the legislator and international documents and conventions. to refuse to recognize and implement the vote. International public order represents a set of organizations and legal rules that are inextricably linked with the foundations and principles of civilization of a country and inevitably take precedence over foreign laws. This order is not a common order among all countries, but it is a point of balance between the interests and general order of a country with the general order and interests of other nations and the needs of international trade. What is the position of public order in the implementation of international commercial arbitration rulings? There is a conflict between preventing the violation of domestic values and laws and the desire to respect the certainty of international arbitration rulings, and the most suitable solution to resolve this conflict is to apply the narrow concept of public order in this field. Of course, the court where the judgment is executed must apply the international public order in any case in relation to the execution of international judgments, and even the same seat of international arbitration as the executive court cannot be a good reason to apply the internal public order of the executive court in this field. Nevertheless, despite the importance of public order in the implementation of international commercial arbitration awards, all considerations related to the public order of countries cannot be applied in the implementation of international commercial arbitration awards, and only the international public order of the relevant country is applied with a narrow interpretation.
17-Saleh Samir, “The Recognition of Foreign Arbitral Award in the States of the Arab Middle East”, in Law. Contemporary Problems in International Arbitration, Martinus Nhjhoff Publishers, 1986, p.38