Judgment

Judgment

The Shorter Trials in UK and Iran commercial litigation

Document Type : Scientific

Authors
1 PhD student in private law, Azad University, Northern Tehran Branch
2 Assistant Professor, Department of International Trade Law, Islamic Azad University, North Tehran Branch
3 Assistant Professor, Department of Private Law, Faculty of Law, Tehran Branch, Central Islamic Azad University
4 Assistant Professor, Department of Private Law, Islamic Azad University, North Tehran Branch
10.22034/judg.2026.2060198.1496
Abstract
Summary proceeding is one of the key mechanisms for reducing litigation time and preventing undue delay (protraction) in proceedings, with particular significance in commercial disputes. England is among the first jurisdictions to have adopted this procedure within its legal system. This legal mechanism is accompanied by a set of tools—including the shorter trial procedure, the flexible trial procedure, and summary judgment—all designed to save both the time and resources of the court and the parties involved.

The shorter trial procedure was introduced to reduce the time and cost borne by the parties and to render commercial litigation cheaper and simpler. Furthermore, flexibility is a fundamental principle in the Commercial Court of England, enabling the litigation process to adapt to the specific needs of the parties and the nature of each dispute. The flexible commercial procedure was designed and implemented in line with this principle, forming part of the broader reforms undertaken in the English Commercial Courts. The aim of this procedure is to streamline the litigation process, reduce the time and costs associated with conventional trial proceedings, and enhance access to justice. The emphasis on early case management and a more structured framework for the presentation of evidence reflects a commitment to accelerating the resolution of disputes.

In Iran, although the draft Code of Commercial Procedure makes reference to summary adjudication, no specific mechanisms have yet been incorporated into the legislation to operationalize it.
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Articles in Press, Accepted Manuscript
Available Online from 26 August 2026

  • Receive Date 08 August 2025
  • Revise Date 14 August 2026
  • Accept Date 26 August 2026