The Impact of Principle of Autonomy on Proving Disputes in International Commercial Contracts: A Comparative Study of Iranian and French Law

Document Type : Original Article

Authors

• Mohammad Reza Abri
• Firoz Ahmadi
• Hengame Ghazanfari

Department of Private Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran

Abstract

The nature and complexities of international commercial contracts necessitate that the parties involved possess the discretion and freedom of action to achieve their commercial objectives. Anticipating potential disputes and outlining mechanisms for their resolution are also essential components of such contracts. In addressing disputes arising from or related to international commercial contracts, once the issue of forum selection is resolved, adherence to procedural laws based on the lex fori becomes pertinent, followed by the determination of the governing law applicable to the contract. One of the established principles of private international law is that procedural rules are governed by the law of the forum (lex fori). In Iranian law, this principle is emphasized in Article 971 of the Civil Code. At first glance, it may be asserted that the form of evidence in a lawsuit, as part of civil procedure rules, is also governed by the law of the forum. However, a distinction must be made in this regard: some evidentiary rules pertain to the form of proof, while others pertain to the substance of proof. The first category of rules, concerning the form of proof, can be either discretionary rules or mandatory rules (peremptory norms). The discretionary rules pertaining to the form of proof are exceptions to the principle that procedural rules follow the law of the forum. Consequently, they are subject to the governing law of the contract.

Keywords

• Principle of Autonomy
• International Commercial Contract
• Form of Proof
• Iran
• France

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