Rules, Submission, Admission and Discovery and Disclosure in International Commercial Arbitration

Arbitration is playing a very important role in international and domestic commerce. Party autonomy and free will are prevalent in all aspects of arbitration which includes rules of evidence, submission, admission, and disclosure. Lack of predetermined rules and leaving them to the parties or the tribunal causes confusion, especially as the judge's role in the management of the submission of the evidence, the value of evidence and the discovery and disclosure are distinctively different in Civil and Common Law traditions. Therefore, knowing the practice of international commercial arbitrations with regards to evidence is of crucial importance. In this paper, the practice, laws and rules of international commercial arbitration are examined in Iran and representatives of Civil and Common Law traditions. International commercial arbitration has developed its own specific rules and practice of evidence which not that of neither Common nor Civil law's. Considering this specific practice and the fact that one cannot rely on their knowledge of domestic procedures, it is necessary for the lawyers to become familiar with the rules of evidence in international commercial arbitration. It is also necessary to note that these rules are governed by part autonomy, and they should think of setting the rules of evidence before any dispute or at least before the commencement of the proceeding. This paper recommends using the standard guidelines on the rules of evidence such as those published by the International Association Bar and incorporating them in their arbitration clauses or agreements.