Ch.6 Evidentiary Practices Before the Iran-U.S. Claims Tribunal
Roger P. Alford
From: 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
- Production of documents — International economic law
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.