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The Jurisprudence of the Iran-United States Claims Tribunal$
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George H. Aldrich

Print publication date: 1996

Print ISBN-13: 9780198258056

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198258056.001.0001

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Evidentiary Issues

Evidentiary Issues

Chapter:
(p.332) 7 Evidentiary Issues
Source:
The Jurisprudence of the Iran-United States Claims Tribunal
Author(s):

GEORGE H. ALDRICH

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198258056.003.0008

The Algiers Declarations make no reference to rules of evidence, except as may be implicit in the general directive of Article 5 of the Claims Settlement Declaration that the Iran–United States Claims Tribunal ‘shall decide all cases on the basis of respect for law’. The Tribunal Rules, however, deal with the question of evidence in Article 24. While any party could request an opposing party to produce relevant, identified evidence, and the Tribunal could order such production, there was no means of enforcement available except for the Tribunal to draw adverse inferences from a failure to produce evidence that was evidently in the possession of that party. For all of these reasons, the Tribunal was inclined to accept as adequate proof of claims and defenses evidence that fell far short of what one might normally consider the best evidence, particularly when the Tribunal was satisfied that it was the best evidence available to the party.

Keywords:   Algiers Declarations, evidence, Claims Settlement Declaration, claims, defenses

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