Litigation and court procedure in Iran

The structure of Civil courts in Iran

The Dispute Settlement Councils

The civil courts in Iran shall be divided into four different levels, the Dispute Settlement Councils which are established to hear the minor issues merely between private individuals (and not the governmental entities). The Dispute Settlement Councils are competent for the claims not over IRR 200.000.000.

The following items are the most common issues which have been studied by the Dispute Settlement Council in Iran:

  • In family law, applying for grant of probate and inheritance declaration.
    Litigation and Court Procedure in Iran

    Litigation and Court Procedure in Iran

  • In connection to the residential lease agreement, the settlement of disputes between landlords and tenants.
  • In general, all the civil claims not exceeding IRR 200.000.000.
  • In some special circumstances, even the claims exceeding the above-mentioned amount have been studied and reviewed by the Dispute Settlement Councils prior to be referred to the civil court of first instance. In such an event, the role of council is alike an arbitrator trying to find a mutual settlement not to refer the case to the upper court.

The final decision of the councils could be reviewed by the courts of first instance.

 

The Courts of First Instance in Iran

In general, any civil claims exceeding the threshold of the Dispute Settlement Councils, should be heard by the civil courts of first instance in Iran.

Considering the fact that the special commercial court doesn’t exist in the current civil procedure law of Iran, all the commercial disputes should also be reviewed by the courts of first instance.

The court fee at this stage is equal to 3.5% of the demand.

 

The Courts of Appeal in Iran

The vast majority of the decisions issued by the courts of first instance could be appealed before the courts of appeal.

In financial claims, the decision with the demand exceeding IRR 3.000.000 could be appealed and in non-financial claims, all of the decisions issued by the courts of first instance could be appealed in Iran.

 

The Supreme Court of Iran

The Supreme court of Iran comprising the most knowledgeable and experienced judges of Iran, shall be considered as the highest judicial authority in Iran.

The main duty of Iran’s Supreme Court is to control the correct fulfilment of Iranian laws and regulations. The Supreme Court is authorized to establish judicial precedents which have to be followed by the inferior courts.

 

 

The chapter of litigation and court procedure in Iran consists of the following topics:

  • Civil Procedure
  • Criminal Procedure