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The Iran-U.S. Claims Tribunal at 25 - The Cases Everyone Needs to Know for Investor-State & International Arbitration by Drahozal, Christopher R.; Gibson, Christopher S. (12th July 2007)

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

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 24 January 2020

Subject(s):
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.

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