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An Analysis of the Nature of Arbitration in Imami Jurisprudence and Afghan Law
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Alireza Shojaei1   , Mohsen Malek Afzali2 , Siamak Qiasi Sarak3 |
1- Ph.D Student in Private Law, Al-Mustafa International University, Qom, Iran.
2- Assistant Professor, Department of Law, University of Yazd, Yazd, Iran.
3- Assistant Professor, Al-Mustafa International University, Qom, Iran. |
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Abstract: (13 Views) |
Arbitration is one of the most important methods of alternative dispute resolution (ADR) outside the courts and plays a significant role in the adjudication and settlement of disputes. This method is also recognized in Imami jurisprudence and the legal system of Afghanistan. However, its application within the scope of judicial proceedings can be considered justified and rational only when its nature has been clearly established. Accordingly, the question of the nature and legal character of arbitration arises. The present study seeks to address this question through a descriptive-analytical approach and library-based research methods. The findings indicate that, in general, four theoretical approaches can be identified regarding the nature of arbitration: the contractual, mixed, independent, and judicial approaches. Overall, it can be argued that the nature of arbitration cannot be adequately analyzed by insisting exclusively on one particular approach. Rather, this institution should be examined in light of the different contexts in which it is applied. This means that no single approach can be regarded as universally and absolutely applicable to all forms of arbitration.
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Article number: 9 |
| Keywords: Arbitration, Nature of Arbitration, Judicial Proceedings, Imami Jurisprudence, Afghan Law. |
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Full-Text [PDF 466 kb]
(6 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/12/15 | Accepted: 2026/04/19 | Published: 2026/12/22
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