Journal of Comparative Law

Journal of Comparative Law

Retrial in Arbitration:A Critique of the International Commercial Arbitration Act and a Draft Comprehensive Arbitration bill with Proposals for Process Improvement

Articles in Press

Document Type : Research Article

Authors
Mohammad Amin Kabiri 1
HedayatAllah Soltaninezhad 2
1 PhD student in Private Law, Faculty of Law, Qom University, Qom, Iran.
2 Assistant Professor, Faculty of Law, University of Qom, Qom, Iran.
10.22096/law.2025.2039147.2237
Abstract
With the expansion of international trade, arbitration has emerged as an effective and swift method for resolving disputes. To ensure justice in arbitration, the retrial tool can be used as a means for reviewing arbitration awards. The International Commercial Arbitration Act and the Draft Comprehensive Arbitration bill include provisions for retrials that need thorough critique and review. This research, conducted in a descriptive-analytical manner, aims to identify the issues in the arbitration retrial process under these laws and provide solutions for improving this process. The research findings indicate that by determining the types of awards eligible for retrial, differentiating between the regulations for objection and nullification of the award and the method of retrial, and setting appropriate grounds and deadlines, the arbitration retrial process can be improved. Additionally, more effective mechanisms can be employed to manage the retrial process, and the model law approach in paragraph 4 of article 34 can replace the current retrial method. Ultimately, the proposed solutions can form the basis for designing a Draft Comprehensive Arbitration bill and reduce the challenges of retrials.
Keywords
Retrial
Arbitration Review
Ensuring Justice in Arbitration
International Commercial Arbitration Act
Draft Comprehensive Arbitration bill
Subjects
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Journal of Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 10 May 2025