J. Nouraei & M. Mostafavi Law Offices – 3 May 2025-Tehran-With the Agreement signed between the two governments, citizens of Iran and Pakistan will henceforth enjoy mutual legal assistance in civil and commercial litigations in the other country.
The Mutual Legal Assistance Agreement in Civil and Commercial Matters between the Islamic Republic of Iran and the Islamic Republic of Pakistan, which was published in the Official Gazette on 10/2/1404 (30 April 2025), had been approved by the Islamic Consultative Majlis (Parliament) of Iran on 23/8/1403(13 November 2024). However, due to some ambiguities, it went subsequently to the supervising Expediency Discernment Council and was ratified after review. This legislation will come into force throughout the country fifteen days after its publication in the gazette.
The Agreement has 16 articles and includes different matters, some of which are as follows:
– If the request for mutual legal assistance is contrary to the national laws, national security, or public order of the requested Party, its implementation may be rejected.
– Nationals or citizens of one Party shall have the right of access to the courts of the other Party under the same conditions as nationals or citizens of the latter Party.
– The central authorities responsible for the implementation of this Agreement are:
The Ministry of Justice and the Judiciary on behalf of the Islamic Republic of Iran; The Deputy Attorney General of the Ministry of Law and Justice on behalf of the Islamic Republic of Pakistan. The central authorities shall, upon request, forward specific information on the laws or judicial procedures of their respective countries.
– A judicial authority of one Party may request a judicial authority of the other Party to take evidence or to carry out other procedural measures. The request shall be transmitted through the central authorities. The request shall be executed as expeditiously as possible.
– Documents issued by judicial authorities or other competent authorities of one Party, issued within the scope of their jurisdiction, shall, when such documents are presented to the other Party, be exempt from legalisation or other equivalent formalities, provided that such documents are signed and stamped by the competent authority and transmitted through the central authorities.
– All disputes arising from or relating to the implementation and interpretation of this Agreement shall be settled amicably through negotiation between the Parties.
– All disputes arising from or relating to the implementation and interpretation of this Agreement shall be settled amicably through negotiation between the Parties.
– Either Party may terminate this Agreement at any time by giving six months’ notice to the other Party of its intention to terminate it.
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