Support of National Courts from Foreign Arbitration Tribunals in the Taking of Evidence

Abstract

In some cases, to discover the facts, foreign arbitral tribunals need to obtain evidence from third parties located outside the arbitral tribunal's seat and in another country's territory. Sometimes due to the lack of general jurisdiction and authority, they have to use the judicial assistance of the national courts of foreign countries. In many advanced legal systems, including the American legal system, this authority is provided for the courts to assist the international arbitral tribunals in providing evidence to foreign arbitral tribunals to obtain evidence, including testimony and submission of documents, judicial assistance and acceptance of representation. The present study aims to answer these questions with a descriptive-analytical method, judicial assistance of national courts in acquiring evidence for foreign arbitration courts and accepting judicial representation based on which legal rules are possible. Moreover, based on international commercial arbitration law, do the national courts of Iran have the possibility of providing judicial assistance and accepting judicial representation in acquiring evidence from arbitration courts whose headquarters are outside the country's territorial territory? Since in most countries, the discourse of arbitration involves two distinct systems consisting of domestic and international arbitration, in this study, only the International Commercial Arbitration Law was approved in 1376, and the international arbitration rules of some countries have been discussed. The provisions of domestic arbitration, except for a cursory glance, are ignored in the second part so that the field of research stays in the international arbitration system

Keywords

• taking of evidence
• judicial assistance
• foreign court
• international arbitration
• national court