A Comparative Study of Witnesses Hearing in Virtual Arbitration in Arbitration Systems of the US, European and Iranian
Subject Areas : Civil Lawmasoud akhavan 1 * , Reza Shahidi Sadeghi 2
1 - Assistant Professor of International Trade Law, Department of Law, Ahrar University Institute of Higher Education, Rasht, Iran.
2 - PhD student in private law, Department of Law, Faculty of Humanities, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
Keywords: Arbitration Virtual, Witnesses Hearing, Challenges of Witnesses, Challenges and Advantages.,
Abstract :
In the present era, due to advances in new technologies, including cyber-space, we face quantitative and qualitative opportunities, including the issue of hearing the testimony of witnesses in cyber-Space arbitration. Hearing the testimony of witnesses in the cyber-space in accordance with the specification or implication of valid international laws and conventions such as the UNCITRAL Model Arbitration Law and the Arbitration Rules of the International Chamber of Commerce and also by the meaning of some provisions of Internal arbitration laws and the International Commercial Arbitration Law and explicitly stipulated in the Electronic Commerce Law, has been supported by the Iranian legislator and has been granted judicial validity. In this descriptive-analytical article, the authors intend to discuss the hearing of witness testimony in cyber-space arbitration in a comparative manner in the arbitration systems of the united states, europe and Iran. witnesses hearing as well as opportunities and challenges in the process of hearing to witnesses in cyber-space arbitration should be explored.
Akhavan Fard, M. and Shahidi Sadeghi, R. (2019), An Introduction to Cyber Arbitration Law,
First Edition, Tehran: Majd Publications.
Debafer, S., (2015), The Evidence System in International Commercial Arbitration, First Edition,
Tehran: Dadnameh Publications.
Qajar Gheyunlu, Siamak (2012), Introduction to Cyber Law, First Edition, Tehran: Mizan Legal
Foundation.
Moghanian, M.A., (2013), Reasons for Proof of Claims in Domestic and International
Commercial Arbitration Systems with an Emphasis on Judicial Procedure, First
Edition, Tehran: Javande-e Jangal Publications.
Alessan, M., (2007), Online arbitration legal rules, Mofid Monthly Qom, No. 58.
Mehrafshan, A.R., (2011),Virtual Trials; A New Concept in Judicial Justice, Studies of Jurisprudence
and Private Law of Semnan University, 3rd Year, No. 5.
Commercial Arbitration Rules and Mediation Procedures,(2016), Including Procedures For Large,
Complex Commercial Disputes, (2016),American Arbitration Association, RulesAmended&
Effective October 1, 2013 Fee Schedule Amended and Effective.
Dispute Resolution and Information Technology Principles for Good Practice (Draft).(2007), National
Alternative Dispute Resolution Advisory Council.
De La Hosseraye, J. de Giovanni, S and Huard, J – Bourgoi.,(2006), Arbitration in France, CMS Guide
to Arbitration, Vol I.
Dupeyron, C.,(2016), Shall Natianl Courts Assist Arbitral Tribunals in Gathering Evidence? ICCA
Mauritius.
D, Robert J. C, Canada, V.,(2015), Production of Electronic Documents in International Arbitration:
Issues, Ractice and Ethics.BLG: Borden Ladner Gervias. Singapore International
Arbitration Academy .
England Arbitration Act( 1996).
Epstein, L, Chair Hossain, N., Secretary,(2015), the International Commercial Disputes Committee
And the Arbitration Committee of the New York City Bar Association, A Model FederalL
Arbitration Summons to Testify and Present Documentary, Evidence at an Arbitration
Hearing, The Committee on Arbitration. Committee Members .
Federal Arbitration Act (USA) (1990).
Federal Rules of Civil Procedure december 1, (2017).
Federal Rules of Civil Procedure,(2014), with Forms, Printed for the Use of the Committee on the
Gudiciary House of Representatives.
France Arbitration Act, Decree No. 2011-48 of 13 January( 2011), Reforming The Law Governing
Arbitration.
France Arbitration Act Enacted in (1980 – 1981).
German Arbitration Act 1 January (1998).
Haas, A,. (2006),Texas Rio Grande Legal Aid, San Antonio, Texas, Videoconferencing in Immigration
Proceedings, University of New Hampshire Law Review, Number 1 Pierce Law Review,
Vol.5, No.1.
Melisa Blki, (2010),IBA Rules on the Taking of Evidence in International Arbitration Adopted By A
resolution Of the IBA Council , International Bar Association.
Javier, R.,(2004), International Commercial Arbitration: Reflections at the Crossroads of the
Common Law and Civil Law Traditions Perspective. This Article is Brought to You for Free
And Open Access by the Faculty Scholarship at Chicago Unbound. It has been Accepted For
Inclusion in Journal. Articles by an Authorized Administrator of Chicago Unbound.
Kliuchkovskyi, M. Partner., (2011), Ethical Issues, of Parties Witnesses and Counsel In International
Arbitration, Egorov Puginsky Afanasiev & Partners, Kiev Arbitration Days|17 - 18.
Lavi, D.,(2016), Three is not a Crowd: Online Mediation-Arbitration in Business to Consumer Internet
Dispute. Published by Penn Law: Legal Scholarship Repository.
Lörcher, T., CMS ,(2018). Arbitratio in Germany. CMS Guide to Arbitration, Vol I.
Netherlands - Arbitration Act 1 December( 1986), Code of Civil Procedure - Book Four: Arbitration
Netherlands.
Nordenson, H and Öhrström, M, Setterwa.,(2017), Arbitartion In Sweden. Cms Guide to Arbitration, Vol
I. P. 862.
Online Dispute Resolution and the Courts(2016). JTC Resource Bulletin. Version 1.0. Adopted 30
Pendell, G and Bridge, D., CMS.(2012), Arbitration England and Wales,CMS Guide to Arbitration,Vol
Swiss Rules of International Arbitration, Internationale Schweizerische Schiedsordnung, Swiss
Rules of International Arbitration (Swiss Rules).
Swiss Rules of International Arbitration. (2012). Swiss Chambers Arbitration Institution.
The Swiss Chambers Commerce Association for Arbitration and Mediation.
UNCITRAL, (1976),United Nations Commission on International Trade law UNCITRAL Arbitration.
Uncitral Arbitration Rules.(1976), United Nations Commission On International Trade Law (Uncitral).
General Assembly Resolution. Resolution 31/98 Adopted By The General Assembly On
UNCITRAL Arbitration Rules as revised in (2010).
United Nations Commissions On International Trade Law.(2011), Uncitral secretariat, Vienna
International Centre. United Nations New York.
V. Lazic.,(2007) Arbitration Law Reform in the Netherlands: Formal and Substantive Validity of an
Arbitration Agreement. Netherland Vereniging Voor Rechtsvergelijking. Netherland
Comparative Law Association.Electronic Journal of Comparative Law,Vol.11.1.
Woolhouse, S.,(20100, Consultant, International Arbitration and Investment Treaty Law. Taking of
Evidence - Disclosure in International Investment Treaty Arbitration. Investment
Treaty Forum.
(SPCBIICL), (2014), Seventh Public Conference British Institute of International and Comparative Law,
26020099 V1.
European Grain and shipping Ltd v Johnson, CA, (1982) 3 ALL ER 989 (992) Johnson.
Iran-united states claims tribunal: case No. 36 Flexi - Van Leasing, now, Against the
Government of the Islamic Republic of Iran, Judgment No. 1-36-259 Date: 6/14/1365
rnational Trade Law. Uncitral secretariat, Vienna International Centre.