A Comparative Study of Witnesses Hearing in Virtual Arbitration in Arbitration Systems of the US, European and Iranian
Subject Areas : Civil Law
masoud
akhavan
1
(Assistant Professor of International Trade Law, Department of Law, Ahrar University Institute of Higher Education, Rasht, Iran.)
Reza
Shahidi Sadeghi
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.
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