تحلیل تطبیقی موجبات ابطال رأی داوری در حقوق ایران و ترکیه

Arbitration, as one of the most important methods of dispute resolution, plays an increasingly significant role in both domestic and international legal and commercial relations. However, ensuring the validity and legitimacy of arbitral awards requires the establishment of supervisory mechanisms, including the setting aside of arbitral awards. This study aims to explain and compare the grounds for setting aside arbitral awards in Iranian and Turkish law, seeking to answer the question of what similarities and differences exist between the two legal systems in terms of the foundations, scope, and effects of such grounds.
This research is conducted using a descriptive-analytical method and relies on library-based sources, statutory regulations, legal doctrine, and comparative studies. The findings indicate that in Iranian law, the main grounds for setting aside arbitral awards are provided in Article 489 of the Civil Procedure Code and Article 33 of the International Commercial Arbitration Act, and they primarily concern lack of jurisdiction, excess of authority by the arbitrator, violation of mandatory rules of law, and failure to observe fundamental principles of due process. In Turkish law, the grounds for setting aside, with emphasis on the Code of Civil Procedure and arbitration-related provisions, are based on compliance with fair trial principles, as well as the independence and impartiality of the arbitrator and the protection of the parties’ rights of defense.
The results of the study show that although both legal systems share a common approach in supporting the validity of arbitration and limiting judicial intervention, differences can still be observed in the scope of certain grounds for setting aside, as well as in the manner of judicial review and the interpretation of procedural principles. These differences may be taken into account in the development of comparative legal studies and in the reform of arbitration-related regulations in Iranian law.