Agreement of the Parties to Refer the Case to Arbitration at the Appeal Stage

Document Type : Promotional Article

Author
Emadi Emadi
Ph.D. Student in in Private Law, Islamic Azad University, Shiraz Branch, Shiraz, Iran
10.22034/lc.2026.576238.1746
Abstract
Arbitration, as one of the alternative methods of dispute resolution, has a special place in the Iranian legal system. This institution has its roots in Islamic jurisprudence and is also recognized in statutory laws. In Iranian law, Article 454 of the Civil Procedure Code provides for the possibility of referring a dispute to arbitration at any stage of the proceedings, even at the appeal stage. One of the important issues in this context is the possibility of referring a claim to arbitration at the appeal stage. This article, using a jurisprudential, legal, and comparative approach, examines the legitimacy and permissibility of such an agreement. In the jurisprudential section, the principles of correct arbitration in Imami and Sunni jurisprudence are examined, and in the legal section, it analyzes legal articles and judicial practice, and while analyzing judicial practice, it examines legislative and executive challenges and solutions. The result is that the parties' agreement to refer the case to arbitration at the appeal stage is valid and enforceable if the legal and Sharia conditions are met.
Keywords
Arbitration on Appeal
Rule of Will
Agreement in Arbitration