The Nature of Arbitration in Imamiyya Jurisprudence and Afghan Law

Arbitration, as one of the most important methods of dispute resolution outside the court, is widely used in handling and resolving disputes. The most fundamental element of arbitration is the nature of the arbitration, which needs further understanding and development. There are various opinions about the nature of arbitration from the perspective of jurisprudence and law, the most important of which are the four main theories of judicial nature, contractual nature, mixed nature, and independent nature. The main question of the research is which of the existing theories does the nature of arbitration fit into, based on Imami jurisprudence and Afghan law, and what are the effects and rulings of each of these theories. The research findings show that many jurists believe that arbitration has a judicial nature. The Afghan Civil Code also considers justice as a condition for the arbitrator, which means that arbitration and arbitration have a judicial nature; but no condition for the arbitrator is mentioned in other laws. This means that it has a non-judicial nature. According to the study conducted, it seems that arbitration has a different nature in different cases and the effects of each of the judicial and contractual natures are inherent to it. The nature of arbitration is simple according to the theories of judicial and contractual nature; but in the mixed theory, the nature of arbitration is a combination of the two contractual and judicial natures and the effects of both are inherent to it.