Expanding the Scope of Arbitration to Third Parties in Iranian Law, Imami Jurisprudence, and English Law with a Focus on Judicial Practice

Abstract

To resolve disputes, arbitration is used as a suitable method for the litigants to reach an agreement on the disputed issue. Since arbitrations have advantages and advantages compared to examining issues in courts, it has become a widespread issue and people are becoming more familiar with this category every day. Of course, it should be noted that not all disputes can be referred to arbitration, such as criminal disputes, labor rights, bankruptcy, dissolution of marriage, legal capacity, inheritance and adoption, lineage, and customary matters. The main issue is the willingness of the parties to the dispute to go to arbitration, the absence of the obligation of arbitration to some laws and procedures of the judicial authorities, the time-consuming nature of the civil procedure in the court, the quick handling by the arbitrator, the low cost compared to the court, the confidentiality of the arbitration, the selection of the authority for the hearing (arbitrator or arbitrators)) is On the other hand, there are issues that cannot be referred to arbitration in terms of legal systems, or the legislator has established special conditions for referral to arbitration. Therefore, the freedom of will of the parties in referring to arbitration faces limitations.