The first gathering of Tuesdays with TRAC on “The Impact of incapacity (Civil Disability) and death of arbitrator or parties on the Arbitration“ was held at Tehran Regional Arbitration Centre (TRAC), on December 26, 2019, with participation of Dr. Homayoun Rezaeinejad, the Judge of Tehran General Court, Chamber 36, along with a number of academics, practitioners, and students.
The workshop was started by the opening remarks of Dr. Oveis Rezvanian, director of TRAC, introducing these series of gatherings that are scheduled to take place on the last Tuesday of each month, on practical and special topics of the Arbitration in a fully conversational atmosphere.
Dr. Rezaeinejad then, gave an introduction on the termination of the capacity of the arbitrator and the parties to the dispute. This was followed by an analysis of the different aspects of the issue. He stated that the common outcome of death and civil disability is incapacity. With the death of the arbitrator or the parties, the capacity is definitely terminated and that there will be no capacity at least as long as the civil disability continues. He enumerated them as effective elements on the arbitration.
He also stated that, the subject of the arbitrator’s death or the parties to the dispute have been discussed by various authors under the heading of “Termination of Arbitration Proceedings” in various literatures, although there are other issues that lead to the termination of arbitration proceedings. Therefore, there has been no research (in Farsi) on the death of the arbitrator or the parties and in particular, its effects on the arbitration proceedings, and it could be the subject of future researches and studies.
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