La sentence arbitrale et le juge étatique : approche comparative des systèmes français et iranien

Abstract : In France and Iran, the law of arbitration is the result of a long historical development. Arbitration in Iran finds its roots in the Antiquity. Because of a culture favoring the pacific settlement of disputes, which was prevailing at that period, arbitration imposed itself as the privileged mode in resolving disputes. In the field of international commercial arbitration, Iranian legal system has been inspired by the UNCITRAL Model Law in the promulgation of its LICA in 1997. This country has also adhered to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 2001. The converging point between the Iranian and French legal systems is the following: they have tried to establish the rules favoring the recognition and enforcement of arbitral awards, any of them adopting a different approach. The First Part of this study is allocated to the reception of the arbitral award in the two legal systems. Solely the final award could be subject to control and enforcement. More concretely, the qualification of the arbitral award as international or foreign award will determine the applicable rules in the matters of recognition and enforcement. The arbitral award, identified and recognized, could possibly be controlled by the judge who will determine its fate. The Second Part of our analysis describes the said control that could be direct, on the occasion of the action for setting aside the award, or indirect, when requesting the recognition and enforcement of the award. This mechanism will lead in fine to protecting the winning party’s rights and avoiding any abuse of the means of recourse by the losing party.
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Manijeh Danay Elmi. La sentence arbitrale et le juge étatique : approche comparative des systèmes français et iranien. Droit. Université Panthéon-Sorbonne - Paris I, 2016. Français. ⟨NNT : 2016PA01D014⟩. ⟨tel-01512703⟩



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