arbitration in public argument by new review in 139 Principle

Document Type : Original Article

Authors

1 PhD student in Public Law, Islamic Azad University, Qom, Iran

2 Faculty of Law, Bagher Alolom University, Qom, Iran

Abstract

Abstract: 
Arbitration is one of the best ways to resolve disputes because it has a timely effect and does not involve litigation costs and adjournment. But when it comes to arbitration, there is a big difference between a government lawsuit and a lawsuit. There are restrictions on the constitution and ordinary laws in government lawsuits, but this is not strictly forbidden unless the authorities have been appointed by law to deal with disputes. In this research, an attempt has been made to examine Article 139 from a new perspective, and to achieve this goal, the library method has been used with the approach of practical study of the issue in the judicial procedure, and as a result, the need to remove Article 139 of the Constitution It is possible to create a major obstacle in the contracts as well as to accept the arbitration, except in cases where there is a special authority in the proceedings.

Keywords

Main Subjects


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https://www.shora-gc.ir. 43
153
Volume 2, Issue 2
Second year, second issue, spring 2020
May 2020
Pages 135-153
  • Receive Date: 10 June 2020
  • Revise Date: 06 July 2020
  • Accept Date: 10 July 2020