Judiciary »Head of Judiciary announces instructions for organizing dispute resolution through arbitration

According to the General Office of Public Relations of the Judiciary, in order to strengthen and implement the policies of the judiciary during the period of transformation and excellence and in line with the implementation of paragraph A of Article 116 of the Sixth Five-Year Economic, Social and Cultural Development Plan of the Islamic Republic of Iran (1400-1397) and Organizing and improving the arbitration system as one of the strategies for “developing alternative dispute resolution methods” in the second chapter of the Judicial Transformation Document in order to increase public participation in litigation, reduce citizens’ access to judicial authorities, expedite dispute resolution and organize and develop Arbitration Institutions and their Supervision The Instruction on Organizing the Settlement of Disputes through Arbitration and the Development of Arbitration Institutions was announced in 19 articles and 3 notes by the head of the judiciary.

Article 3 of this instruction states that the Dispute Resolution Development Center may delegate part of its responsibilities to the arbitration centers in terms of planning, granting and renewing licenses, revoking licenses, and organizing and supervising in the field of arbitration.

Also, according to Article 4 of this instruction, for the purpose of policy-making and macro-planning of arbitration development in the country, an arbitration advisory council is formed in the Dispute Resolution Development Center.

Article 5 of the Guidelines states that the Arbitration Center, as a non-governmental organization, is responsible for promoting a culture of conciliation and resolving disputes through arbitration, striving to promote scientific and practical knowledge in legal matters and arbitration through training and vocational training courses, specialized conferences and publications. Scientific, efforts to reduce arbitration costs and provide advisory comments on setting tariffs, provide advisory opinions to arbitrators and arbitration institutions in order to strengthen arbitral awards; Efforts are made to promote the health of the arbitration system and to preserve the status and dignity of arbitrators and arbitration institutions and to protect trade union and professional rights.

The Arbitration Center is also responsible for supervising the trade union and professional activities of arbitrators and arbitration institutions and investigating their violations in accordance with the provisions of the Articles of Association; Take appropriate measures in order to generalize and expand health insurance services for arbitrators and administrative staff of arbitration institutions and dependents and create a suitable environment to enjoy the benefits of civil liability insurance for arbitrators and arbitration institutions; Receiving the share of the center from the revenues of arbitration and using it in order to perform its duties; Referral of claims to member institutions and arbitrators in case the center is appointed as the acting official and other matters subject to Article 3 of the instructions delegated by the center.

Pursuant to Articles 6 and 7 of this instruction, a professional arbitration body shall be formed in accordance with the law or by forming an arbitration body with an independent legal personality and obtaining a license from the center. The center can start its activities with its representative and having a special ID.

According to Article 12 of this guideline, arbitration centers, through interaction with banks and financial institutions, provide the necessary support to arbitration institutions, including pursuing the allocation of facilities for the establishment of institutions, and according to Article 13, specialized arbitration institutions in required areas such as family law. And the field of industry and commerce will be created in compliance with the provisions of Articles 6 and 9 of this instruction.

Also, according to this instruction, in cooperation with the Statistics and Information Technology Center of the Judiciary, necessary measures will be taken to expand the use of online and electronic arbitration.

According to Article 16 of this instruction, the Chief Justice of the provinces in all cities are obliged to allocate special branches to the number required to handle arbitration claims.

According to this instruction, the heads of the jurisdictions are obliged to make the necessary arrangements to promote arbitration and to persuade the litigants to resolve the dispute through arbitration.

Article 19 of this instruction also determines the remuneration of arbitrators and arbitration institutions in accordance with the regulations subject to Article 498 of the Code of Civil Procedure of the General and Revolutionary Courts approved in 1379.

It is worth mentioning that this instruction is required to be implemented in 19 articles and 3 notes from 11/12/1400.