تحلیل تطبیقی موجبات ابطال رأی داوری در حقوق ایران و ترکیه

Arbitration, as one of the most significant methods of dispute resolution, plays a growing role in domestic and international legal and commercial relations. However, ensuring the validity and legitimacy of arbitral awards necessitates the establishment of supervisory mechanisms, including the setting aside of arbitral awards. The present 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 regarding the foundations, scope, and effects of such grounds. This research has been conducted using a descriptive-analytical method and draws upon 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 set forth in Article 489 of the Civil Procedure Code and Article 33 of the International Commercial Arbitration Act, and they primarily concern lack of jurisdiction, exceeding the scope of the arbitrator's authority, violation of mandatory rules of law, and failure to observe fundamental principles of procedural due process. In Turkish law, the grounds for setting aside—with particular emphasis on the Code of Civil Procedure and arbitration-related provisions—are founded upon compliance with the principles of a fair trial, as well as the independence and impartiality of the arbitrator and the protection of the parties' right of defense. The results of the study show that although both legal systems share a common approach to supporting the validity of arbitration and to limiting judicial intervention, differences can nonetheless be observed in the scope of certain grounds for setting aside, and in the manner of judicial review and the interpretation of procedural principles. These differences may be taken into account both in the development of comparative legal studies and in the reform of arbitration-related regulations under Iranian law.