Rules Governing Access to Evidence in International Arbitration Law, Iran and America

Ramezanpour, Hadi; Firozabadian, Mahdi; Afshar Qouchani, Zohreh

doi:10.22034/ejs.2026.468222.1876

Rules Governing Access to Evidence in International Arbitration Law, Iran and America

Document Type : research

Authors

Hadi Ramezanpour ¹

Mahdi Firozabadian ²

Zohreh Afshar Qouchani ³

¹ Department of Law, Go.C., Islamic Azad University, Gorgan, Iran.

² Departement of Law, ToH. C., Islamic Azad University, Torbate Heydarie , Iran.

³ Department of Theology, Gonbad Kavous University, Gonbad Kavous, Iran.

10.22034/ejs.2026.468222.1876

Abstract

Background and Aims: In international commercial arbitration proceedings, the principle is the absence of the parties to the arbitration and submission of In such a situation, access and study of evidence are important issues that need to be discussed. Based on this, the is to examine the rules governing access to evidence in international arbitration law, Iran and America.
Materials and methods: This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used in the collection of materials and data..
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that in international arbitration law, Iranian and the claim is on the claimant, and in order to comply with the equal treatment of the arbitration parties and the principle of impartiality, the decision-making body of the arbitrator has a passive role and has the authority and discretion to obtain evidence. is not responsible..
Result: is better that Iran's international commercial arbitration law is based on the accusatory system regarding the issues related to the proof of the claim. The the claims of the parties or any of them, but in line with the reasons presented by the parties, it is competent to refer the matter to expert, local examination and local investigation. All reasons identified in Iran's subject law, except oath, can be cited in international commercial arbitration.

Keywords

evidence

study of reason

international arbitration

Iranian law

American law

Subjects