When an Iranian court recognizes an award (whether domestic or foreign), the award acquires the status of an enforceable judgment. It has the same legal effect as a final court decision under Iranian law. The prevailing party may apply for compulsory enforcement of the award through the Iranian enforcement offices (Edareh-ye Ejra).
Yes, remedies may be available against a decision recognizing a foreign award in Iran, but they are limited and exceptional. Under the CPC, the following remedies may be available:
Appeal (فرجامخواهی): If the recognition decision meets certain criteria (such as exceeding the court’s jurisdiction or violating public order), it might be appealable to the Supreme Court.
Request for Retrial (اعاده دادرسی): In exceptional circumstances (e.g., discovery of fraud, fabrication of documents, or newly found decisive evidence), a party may request a retrial.
Third-Party Objection (اعتراض شخص ثالث): If a third party (not originally involved in the arbitration) believes the decision harms their legal rights, they can file an objection.
Iranian courts are cautious when allowing these remedies, especially when the case concerns a foreign award recognized under the NY Convention.
The same remedies as those listed in the previous question (18) may also be available against decisions refusing recognition and enforcement.
A party seeking to enforce an arbitration award in Iran is unlikely to be hindered by a set-off claim from the award debtor during the enforcement stage. While Iranian law recognizes the concept of a set-off as a valid means of offsetting a debt, it is considered a substantive defense that should be raised during the original arbitration proceedings – not at the time of enforcement.
Once an arbitral tribunal has rendered a final award, the enforcing court’s role is limited to a restricted review of the award. An Iranian court will generally not review the substance of the dispute to entertain a set-off claim which was not raised, or was rejected during the arbitration.
Under Iranian law, if the award has been annulled or set aside at its seat, Iranian courts generally refuse recognition and enforcement of that award. This is based on Article 36 of LICA, which provides that recognition and enforcement may be refused if the award has been set aside or suspended by a competent authority at the place of arbitration. This corresponds to Article V(1)(e) of the NY Convention, with Iran following suit.
If the foreign court at the seat sets aside the award after recognition has taken place in Iran,
possible remedies in Iran include:
Motion for reconsideration (تقاضای اعاده دادرسی): The award-debtor may request reconsideration or appeal the recognition decision, arguing that the award has been annulled at the seat.
Appeal to higher courts: ( (تجدید نظرDepending on the court instance and timing, the party may file an appeal or request suspension of enforcement.
Interim measures are available and commonly used in Iran. These include attachments, freezing measures, and prohibition on disposal of assets. Such measures are issued by courts under the CPC.
Yes, under Article 35 (2) of the LICA, if the award-creditor seeks recognition and enforcement and the award-debtor opposes the award, the court may order the award-debtor to deposit a guarantee. Procedurally, the award-creditor must first request such guarantee.