implementation of foreign arbitration decisions in Iran

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I am Khalil Asayesh ( iranian lawyer from the Tehran Bar Association with license number 21129) Thank you for choosing my site to use legal services. We would like to inform you that this site has been set up with the aim of improving the level of legal information, legal advice and solving problems of domestic and international law.

My specialty is in the field of international companies and contracts, I have experience in advocacy in international arbitration, as well as experience in enforcing foreign judgments in Iranian courts and courts outside Iran (including Germany, France, Turkey, UAE.and Oman), so I am ready to provide you with legal services in this regard.


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Documents required for the implementation of foreign arbitration decisions in Iran

In order to enforce foreign judgments – including foreign arbitration rulings – the Civil Judgments Enforcement Act, Article 173,considers itnecessary to present documents on behalf of the applicant.:
Documents that the applicant must submit for the implementation of foreign decrees.

1. A copy of a copy of a foreign court order that is valid or originally certified by the political or consular officer of the country issued by the sentence ortranslated into Persian.

2.Copying the order to execute a decree issued by the relevant competent authority with its certified translation.

3. Certificate of political or consular representative of Iran in the country from which the sentence was issued with the consular political representative of the country issuing the sentence in Iran onissuance and ordering the execution of the sentence from the competent authorities.

4. Certificateof signature of foreign political or consular representative residing in Iran by the Ministry of Foreign Affairs.

With the ratification of the New York Convention and its entry into the Iranian legislature, the legislature’s strictity in requesting evidence on arbitration votes has been reduced, in fact, in Article 4 of the Convention, sufficient for the implementation of foreign arbitration votes by the competent local court.:
Article 4 of the New York Convention considers the presentation of these documents sufficient

1- Theoriginal version of Mossadegh or the copy of Mossadegh’s sentence.
2. The original agreement on arbitration or its mossadegh copy.
3. If the judgment or arbitration agreement is not written in the official language of the country where the execution was carried out, the applicant must prepare and submit the translation of the sentence or agreement in the language of the place of execution, the translation must be approved by the sworn official translatoror consular political representative..

Given that the provisions of the Convention on the Enforcement of Arbitration are the only provisions that are currently applicable, there is no need to submit other documents reflected in Article 173 of the Law on the Enforcement of Decrees, which mandates general rules governing foreign votes, so that for the implementation of court rulings other than the court of arbitration, article 173 shall be applied and for the implementation of foreign arbitration votes, the provisions of Article 4 of the New York Convention. Such lax arbitration regulations should be welcomed, but the judge in the executive shall ensure by appropriate means that the foreign arbitration decision has actually been issued and that the arbitration agreement really existed between the parties..

How foreign arbitration votes are executed – The New York Convention does not meet specific provisions on how arbitration votes are executed, so the implementation of these votes should be stated in the domestic laws of the states. This position of the Convention is understandable because judicial proceedings, as well as the manner in which judicial rulings and arbitrations are carried out and the objections of the parties are subject to the internal rights of the states, each of which acts in accordance with its provisions and public order and tradition, in this regard, Article 178 of the Civil Code of Iran decrees that (foreign decrees and documents are carried out in accordance with the provisions of the implementation of civil judgments”, i.e. the applicant must apply for their implementation and the competent court shall issue an executive order..
The executive shall be communicated to the beneficiary in accordance with the general rules, and if he objects to the executive, he may request an annulment of the executive, and the petition shall be ensvened in accordance with the general rules of the Civil Procedure Code, which states: the order to investigate disputes arising from the implementation of foreign sentences and documents, as well as the seizure of executive operations and theannulment of the executive in a way that is stated in The Iranian Law.»
This rule is also necessary for foreign arbitration decisions. The subject of this article is that if the arbitral decision is violated by a court in which the competent court has been convicted of a protest before the verdict is final, or an order is issued by this authority, a court with which there are disputes over the implementation of the verdict may suspend the implementation of the verdict or on the other hand that the verdict against him is in the course of implementation.(d) To obtain provisions. Obtaining a suitable provision to compensate for the possible harm to the convicted person is thus: by postponing the implementation of the arbitration decision, it must wait for a while to meet its demands..