Arbitrator’s Jurisdiction on Fraudulent Evidence Discovery in the Light of International Chamber of Commerce

Document Type : Original Article

Authors

1 international law department, faculty of law university of qom

2 student

10.22091/ijicl.2025.11824.1112

Abstract

When the parties to a dispute choose arbitration as the method for settling the conflict, they rely on evidence to prove their claims or defend themselves. In the meantime, it is possible that one of the parties may commit fraud during the process of providing evidence and use fraudulent evidence to alter the course of arbitration. According to the International Chamber of Commerce arbitration procedure, it has been found that the arbitrator does not have independent and direct authority to discover fraudulent evidence. However, when the other party to the dispute objects to the fraudulent evidence and claims fraud in arbitration, the arbitrator is obliged to consider this objection and examine the accuracy of the evidence.Therefore, in this article, we have attempted to answer the question of the scope of the arbitrator's jurisdiction to discover fraudulent evidence by using a descriptive-analytical research method and by collecting and studying library sources.



Keywords: Arbitrator’s Jurisdiction, Fraudulent Evidence, Fraud Discovery, forged document, Procedure of International Chamber of Commerce

 

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 15 February 2025

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