Third party objection to the referee’s decision: Crossroads of legal rules!
This is also a difficult fight! Philosophers of law (Hart, Durkin, etc.) say that if there is no clear outcome for the lawsuit, in other words, the variables are different or there is no unanimous solution for legal users (professors, judges, lawyers, etc.), with a difficult lawsuit. (hard case) we are facing. In my opinion, most of the discussions in Iran’s legal system should be considered difficult with this description! Judgement, which is definitely difficult!
The third party’s objection to the arbitrator’s decision is the meeting place of the basic rules of procedure; such as the need to pay attention to all the reasons of the petitioner on the one hand and the court’s limitation in the specific aspects of canceling the arbitrator’s decision; The place where the principle of citation and the principle of relativity, one of which is in favor of court decisions and the other in favor of arbitration decisions; The place of collection of related claims, such as attracting a third party or confrontation and avoiding the center of these claims (based on an analysis in arbitration law that these claims cannot be raised during the annulment lawsuit); The place of suspension of the decision due to the uncertainty regarding the third party and its implementation due to the certainty of the arbitrator’s decision; It is not strange that our legislator has assigned only two articles to it;
According to the rules related to the determination and description of the demand, the third party can request any of the headings of annulment of the arbitrator’s decision, objection to the arbitrator’s decision and its cancellation, invalidity of the arbitrator’s decision, and the like, and there is no point in being strict in the form of a lawsuit! The proceedings of the court are different from the annulment of the arbitrator’s decision brought against the convict in at least two ways. First of all, the court has a full hearing and is not bound by the guidelines to annul the arbitrator’s decision; Secondly, the court should not declare the arbitrator’s decision invalid based on the grounds mentioned in Article 489 of the Civil Code, because those grounds are detrimental to the arbitration, but in the case of the third party, the right and nature of his claim should be examined and If the arbitrator’s decision is against it, it will be invalid. Therefore, if the arbitrator issues an award outside the deadline, but the third party has no right in the matter, the award will not be annulled. In the same way, if the arbitrator has voted outside of the request, for this reason alone, the third lawsuit should not be approved, but he must prove his real right and the real loss (not the loss of the proceedings).
It should be known that the arbitrator’s decision, unlike the court’s decision, cannot even be cited against a third party, and therefore, a third party’s objection is conceivable only where the claim is contrary to the official document or the rule of law or other evidentiary reasons. For example, in the case where the car document is in the name of a third party, the arbitration decision regarding its delivery to someone else is not applicable to the third party, and there will be no need for the third party to object, but if the document is not in the third party’s name and he wants to do otherwise. If he proves it, he should take the third objection route.
In comparative law, some countries do not consider the rules related to the third party’s objection to the court’s decision to be applicable to arbitration awards (Belgium). Some consider the objection to be bound by the deadline (Lebanon) and some allow the objections to the arbitrator’s decision and the third objection to be consolidated and processed at the same time;
If the lawsuit to annul the arbitration award is rejected; Whether it is in substance or form, and the arbitrator’s decision is confirmed by the appeals court (the annulment claim is immune); Which authority has the authority to file a third-party objection to it? The first court as a general rule or the court of appeal as the judgment attributed to it is referred to? The correct opinion, as we see in Mashhad Branch 4’s judgment, is to apply the general rules of jurisdiction, that is, the first court. (Source of Janab Khodabakhshi’s channel)
This post is written by erfani777