Abstract
<p>Arbitration is as old as human history, and disagreements between people can be resolved through arbitration thousands of years before the judicial institutions can be formed in their very primary form. Gradually communities were established growing, and it would be necessary to be approved various laws and prosperity in the field of arbitration. In this regard, Iranian legislator was discussed arbitration issue, in one of his legislative actions on April ninth of two thousand during approval of the Civil Procedure Code and in its seventh, but surprisingly in this law is not only considered notable authority to judge, but there was also silence regarding the authority interim command exportation by arbitrator. On this basis of the aforementioned attributes and aims to improve of arbitration process in the rights of Iran, we try to review and analyze authority issue interim command up to a clear possibility of issuing a temporary order by the ship's helm justice, in accordance with the provisions of our law.</p>
Highlights
According to legal and legislative history makes clear arbitration in this institution has always been the Iranian people, and factors such as prolongation of the proceedings, litigation costs and lack of freedom of communication between judge and parties were led to increase strength considering this institution in the last hundred years among jurists, and with breaking the monopoly of Justice in resolving disputes, new legal literature in our country and in legislation is created so that in paragraph 9 of the general policies of the system of judicial security one of the above mentioned policies, the use of arbitration and mediation in dispute resolution has been introduced
Despite the importance of that arbitration, it is not above criticism, especially the lack of precision in defining the powers of arbitrator either by legislator or by the parties in the arbitration agreement is caused arbitrator withdrew from the desired path, and in some cases the parties are forced to repeat the claim in court
A key principle of any arbitration is that has several authorities during the arbitration, and the arbitrator takes his authorities from two sources arbitration agreements and arbitration law of the place, and with the benefit of them is trying to properly handle, and is exported proper vote
Summary
According to legal and legislative history makes clear arbitration in this institution has always been the Iranian people, and factors such as prolongation of the proceedings, litigation costs and lack of freedom of communication between judge and parties were led to increase strength considering this institution in the last hundred years among jurists, and with breaking the monopoly of Justice in resolving disputes, new legal literature in our country and in legislation is created so that in paragraph 9 of the general policies of the system of judicial security one of the above mentioned policies, the use of arbitration and mediation in dispute resolution has been introduced. One of the key factors deviation legislative silence is on explicit granting some of the authority to the arbitrator. In this description can be analyzed with this optional; at the same time expanding the scope of influence of this institution in the judicial system of the country in the past few decades have been avoided a repeat of the damage, and at the same time helped to the judicial precedents in arbitration. Our efforts in this article are that authority subject of arbitrator in issuing the interim order with regard to the provisions of The Civil Procedure Act has been studied and analyzed
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