Mechanism of Discovery in Comparative and International Law

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Mansoryan Naserali

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Journal Paper

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Journal: QUARTERLY OF LEGAL ENCYCLOPEDIAS Year:2020 | Volume:3 | Issue:8 Page(s): 208-230

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Title

Mechanism of Discovery in Comparative and International Law

Author(s)

Mansoryan Naserali | Issue Writer Certificate

Keywords

Discovery

Civil Procedure

comparative law

International Law

Abstract

Discovery is a Civil Procedure subject that deserves study both within domain of domestic laws and internationally. Under the Iranian law, Articles 206 to 213 of Courts of General Jurisdiction and Revolutionary Courts Code of Civil Procedure are on the subject of discovery. However, Iranian courts hardly apply them, according to judicial precedents. Indeed, more often than not resort to Discovery affects the case negatively, as it is considered by the court as an intrigue to prolong proceedings. Application of Discovery mechanism in French, Swiss, British and American laws is both more common, and positively considered. Furthermore, resort to it in international claims particularly in international arbitrations has established a special precedent. As a prominent example of application of Discovery in international proceedings, we may refer to the use thereof by Iran-US Claims Tribunal in several cases, particularly in B1 (the so-called FMS) case, which is illustrative of the practical evolution that it has undergone under this procedure and its distinction from the application thereof in comparative law.

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APA: Copy

Mansoryan, Naserali. (2020). Mechanism of Discovery in Comparative and International Law. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 3(8 ), 208-230. SID. https://sid.ir/paper/784232/en

Vancouver: Copy

Mansoryan Naserali. Mechanism of Discovery in Comparative and International Law. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2020;3(8 ):208-230. Available from: https://sid.ir/paper/784232/en

IEEE: Copy

Naserali Mansoryan, “Mechanism of Discovery in Comparative and International Law,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 3, no. 8 , pp. 208–230, 2020, [Online]. Available: https://sid.ir/paper/784232/en

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