The Legal Scope of Commercial Judicial Discretion in Recognizing the Evidentiary Value of Digital Evidence – Blockchain as a Model

Abstract

This research examines the evidentiary value of digital evidence within the framework of commercial adjudication, in light of the rapid shift toward the use of electronic means in commercial transactions and the consequent emergence of new forms of evidence that were previously unknown in traditional legal systems. The study analyzes the judicial approaches adopted by commercial courts in Iraq, Egypt, Jordan, and Lebanon, demonstrating that, despite differences in legislative frameworks, there is a consistent judicial trend toward accepting digital evidence whenever its legal requirements are satisfied. The research also addresses smart documents and digital records based on blockchain technology, highlighting their importance in documenting and proving commercial transactions. The study concludes that blockchain technology does not represent a departure from established legal concepts of evidence; rather, it constitutes a technological extension thereof. Accordingly, the judiciary may benefit from this technology in enhancing trust in digital commercial transactions, provided that an appropriate legal framework and informed judicial interpretation of the nature of this technology are in place.