نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Given the expansion of commercial contracts and the increase in lawsuits arising from their implementation, attention to alternative dispute resolution methods, especially contractual dispute resolution boards, in areas such as the oil industry, has become doubly important. In the meantime, examining the position of the principles governing civil procedure, such as impartiality, the right to defense, fair hearing, openness of proceedings, and independence of the hearing authority, in the procedures of the contractual dispute resolution board of the Ministry of Oil is a fundamental step in assessing the legitimacy and effectiveness of these procedures. This study uses a descriptive-analytical approach to examine the extent to which the Ministry of Oil's contractual dispute resolution board's procedure manual complies with the fundamental principles of civil procedure. The results show that although the aforementioned procedure manual is trying to provide specialized and rapid mechanisms for resolving contractual disputes, inspired by the private arbitration and litigation institution, in some cases it faces challenges in observing the principles of fair trial. Especially in areas such as the right to equal defense, transparency in determining the competence of the boards and ensuring independence and impartiality, there is a need for revision and tangible reforms. Explaining the position of the principles of civil procedure in this procedure manual can provide a suitable platform for strengthening the legal legitimacy of these contractual institutions.
کلیدواژهها English