جستجوی مقالات مرتبط با کلیدواژه "دعاوی بازرگانی" در نشریات گروه "فقه و حقوق"

The principle of freedom of evidence in commercial claims, has established its status in law of some countries such as France, considering the fundamental requirements such as speed and ease of proceedings and the consideration of characteristics of business in the proceedings. This principle indicates that in commercial cases, a claim can be proven by any means, without any limitations in their ability to prove, such as testimony, invoices, purchase orders or emails etc.. The principle of freedom of evidence abandons two pillars of the system of the preuve légale (admissible determined types of evidences and limited probative value of some of them) and establishes a different evidence system for commercial law. However, it seems unnecessary in Iranian law to establish the principle, due to elimination of limitations set on probative value of testimony and presumptions after Islamic Revolution of Iran and use of capacities of legal establishments such as the presumptions and the judge knowledge. This point of view makes it necessary to engage expert judges that are familiar with business affairs in the judiciary more than ever.

Choosing appropriate method of dispute settlement is of utmost importance considering the fact that disputes are inevitable in contracts. This paper investigates one of the Alternative Dispute Resolution in international trade law known as Mini-Trial method. Two important questions are addressed: how is dispute settlement conducted via Mini-Trial method? How is it different from other alternative dispute resolution methods? This paper shows that this method is an optional, fast, informal and confidential compromise structured with the presence of senior executives and impartialparty. The parties shall submit their case to the senior management of each party authorized to settle disputes and then settlement negotiations begin. Mini-Trial method is not only a legal method, but also a management technique to settle disputes. The result of this process would be put in practice providing both parties agree to do so.