Introduction and Objective: The institution of arbitration, as one of the most significant alternative dispute resolution (ADR) mechanisms, plays a fundamental role in reducing the volume of judicial lawsuits and accelerating the adjudication process. Nonetheless, within the Iranian legal system, the annulment of arbitration awards due to formal and substantive defects remains a critical challenge. This study aims to analyze the causes and legal grounds for the annulment of arbitration awards issued by the Shiraz Real Estate Union Arbitration Center in civil courts.
Methodology: The present study utilizes a descriptive-analytical method, examining substantive and procedural civil laws, commercial arbitration regulations, judicial precedents and judgments of civil courts, alongside analyzing relevant documentation from the Real Estate Union’s arbitration processes.
Findings: The research findings indicate that the primary grounds for the annulment of arbitration awards in this domain stem from the arbitrators' lack of familiarity with mandatory statutory provisions, disregard for the principles of fair trial, violation of arbitration formalities (including issuing awards outside the prescribed time limit), exceeding the scope of agreed-upon authority, and weak intra-organizational supervision. Under Article 489 of the Iranian Civil Procedure Code, the legislature has explicitly enumerated the grounds for the nullity of awards to safeguard the defensive rights of the litigants.
Conclusion: The independence of the arbitration institution depends heavily on maintaining a precise balance between the autonomy of the parties' will and the judicial supervision of the courts. To minimize the rate of award annulment, it is essential to establish a specialized training system for real estate union arbitrators, formulate standardized procedural and legal guidelines, and reform the structuring of arbitration agreements.