نوع مقاله : مقاله علمی - پژوهشی
نویسندگان
1 گروه حقوق خصوصی دانشگاه علوم قضایی و خدمات اداری، تهران، ایران
2 دانشگاه علوم قضایی و خدمات اداری، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The methods for collection and presentation of evidence are one of the most important concerns of the litigants and arbitrators, in order to prove the claims raised in international commercial arbitration. The position of different legal systems is not the same regarding these methods in the assumption of the silence of the litigants. One of these methods is the possibility of demanding evidence by the arbitrators without the request of disputing parties, which is known as the taking of evidence in a special sense.There are different opinions in regard to this matter. The most important reason for opposing to the taking of evidence is its conflict with the principle of arbitrator's impartiality. On the other hand, the supporters of this method consider the discovery of the truth and just settlement of the dispute as a permit to the taking of evidences. Through the examination of the rules related to arbitration in different legal systems and organizations, it was found that it is possible for an arbitrator to take evidence in certain circumstances. This article, in parallel with the study of the arbitration rules of the legal systems in Iran and the United States of America, as well as the rules of Iran and the United States claims tribunal, analyzes the rules of the International Bar Association (IBA) in this regard and tries to introduce some criteria for the taking of evidence.
کلیدواژهها [English]
الف) فارسی
ب) انگلیسی
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