Roger P. AlfordFrom: The Iran-U.S. Claims Tribunal at 25: The Cases Everyone Needs to Know for Investor-State & International Arbitration
Christopher R. Drahozal, Christopher S. Gibson
This chapter discusses some of the more salient evidentiary decisions rendered by the Tribunal. The cases highlight broader themes regarding the Tribunal's evidentiary jurisprudence: (1) the obligation to afford due process to all the parties and guarantee each party the right to present their case; (2) the promise to accord each party the requisite fairness and equality in evidentiary rulings; and (3) the need to establish evidentiary principles that compensate for the difficult circumstances in the presentation of a case in light of the extraordinary events surrounding the Iranian revolution. Those themes are present as the three central topics of the chapter are addressed: the production of documents, the use of affidavits, and the submission of unauthorized or untimely evidence.