Flexible standardization of administration of proof in international commercial arbitration

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JONEIDI LAYA; SHAHBAZINIA MORTEZA; ZAMANI SARA

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Journal: Comparative Law Researches Year:2018 | Volume:22 | Issue:2 (100) Page(s): 31-56

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Information Journal Paper

Title

Flexible standardization of administration of proof in international commercial arbitration

Author(s)

JONEIDI LAYA | SHAHBAZINIA MORTEZA | ZAMANI SARA | Issue Writer Certificate

Keywords

Administration of proofQ1

Flexible StandardizationQ1

GuidelinesQ1

International Commercial ArbitrationQ2

Supplementary rulesQ2

Abstract

The inherent flexibility exists in the Administration of proof in arbitration has led parties and arbitrators to reaching an agreement on the best possible solution to this process, which has resulted in approaching various legal systems together in this regard. Concerning this subject, the parties of arbitration usually endeavor to apply the best practices in the field of rendering proof, and the arbitrators are tending to evaluate the evidence provided in a coherent manner, regardless of the nationality and origin of the parties. This function, although typically performed and written, has never been a requirement as a result of conflict with the description of flexibility. However, the enforcement of Guidelines in a manner consistent with the institution of Supplementary rules in the legal system of law seems to be the appropriate solution that will ultimately make arbitration more predictable and more favorable. This paper has considered the international efforts made to standardize Administration of proof, which have not yet been mandatory. Thereafter, it has been explained that these Guidelines, if agreed by the parties, kept silent, or being brief, and not explicitly, implicitly, or customarily objected to the Guidelines in the contract, govern the Administration of proof. This function seems to create a kind of coherence in the Administration of proof, and is not in conflict with the description of flexibility.

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APA: Copy

JONEIDI, LAYA, SHAHBAZINIA, MORTEZA, & ZAMANI, SARA. (2018). Flexible standardization of administration of proof in international commercial arbitration. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 22(2 (100) ), 31-56. SID. https://sid.ir/paper/362581/en

Vancouver: Copy

JONEIDI LAYA, SHAHBAZINIA MORTEZA, ZAMANI SARA. Flexible standardization of administration of proof in international commercial arbitration. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2018;22(2 (100) ):31-56. Available from: https://sid.ir/paper/362581/en

IEEE: Copy

LAYA JONEIDI, MORTEZA SHAHBAZINIA, and SARA ZAMANI, “Flexible standardization of administration of proof in international commercial arbitration,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 22, no. 2 (100) , pp. 31–56, 2018, [Online]. Available: https://sid.ir/paper/362581/en

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