Criteria for Recognition of Award from Other Tribunal Decisions in International Arbitration

• Main Author: Hamid Miri
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2020-04-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: dispute resolution the whole of proceeding jurisdictional finality award
• Online Access: http://jplr.atu.ac.ir/article_11151_29aabe03acd31759c90834c87b027427.pdf

Issuing an award by the arbitral tribunal, having an impact on the whole proceeding, resolving a dispute, having jurisdictional character and finality of decision are the most important criteria in order to distinguish award from other tribunal decisions. Notwithstanding, beside these criteria, sometimes in this regard, it should be referred to award legal description has been done by the legislator. Although the first criterion is not particular one for recognition award but the second criterion has been used to recognize procedural order and, in this regard,, I think that Impact ability is enough. Indifference on the conception of dispute resolution has raised difference opinions on the nature of some decisions and types of award. When we use the jurisdictional character of decision either it refers to the judicial power of arbitral tribunal or to dispute resolution. Indifference on the conception of dispute resolution has raised difference opinions on the nature of some decisions and types of award. When we use the jurisdictional character of decision either it refers to the judicial power of arbitral tribunal or to dispute resolution.