The Evidence and Proof of Evidence in the Iran-United States Claims Tribunal Jurisprudence and its Effect on the Handling of the Claim B-1

Document Type : Original Article

Author

10.22091/ijicl.2025.11895.1117

Abstract

Continued for four decades, in the process of filing numerous briefs and awards, in the case of "Foreign military sales of Iran" (Case B-1), including six claims and a counterclaims, one of the crucial issues is the issue of evidence and proof of evidence. by relying on the descriptive-analytical method, using the library data collection and examining the awards and the briefs of the parties, The present research tries to answer this basic question that “ what is The evidence and proof of evidence in the Iran-United States Claims Tribunal jurisprudence and its effect on the handling of the claim B-1. In each case, the Tribunal, in addition to observing general principles of law, such as the principle of proof by the claimant, the specific situation of each case, and specific conditions such as the possibility of access to evidence, has accepted the shift in the burden of proof and issued its decisions based on it. Since the parties are trying to prove the validity of their evidence before the Court by using the general principles of international law as the (probable) governing law accepted by the Court and other various arguments to invalidate the evidence of the other party, it is necessary for Iran to be more careful in clarifying the technical aspects of evidence and increasing the accuracy in citing the documents provided, as well as meeting the tribunal’s criteria in the future decision in order to achieve its goal in another ongoing case.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 02 January 2025

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