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Rules Of Evidence In International Commercial Arbitration And Their Perfection

Posted on:2012-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2166330335458076Subject:International law
Abstract/Summary:PDF Full Text Request
Modern technology has developed rapidly, which makes the international communication more and more convenient, so economic globalization has become the overwhelming trend of history. However, every coin has two sides. international civil and commercial disputes increase in company with the international trade.at present,there are mainly two way to settle international civil and coommercial disputes, namely, arbitration and litigation. Arbitration is the most common method to settle international civil and commercial disputes because of its high efficiency and flexibility,taking advantage on the settlement of international civil and commercial disputes.No matter in arbitration or civil proceedings,evidences play a very important role without doubt.when paries have disputes with the truth, evidences are the best way to find the right answer.However, evidences cann't actively tell the truth of cases. People have to restore the case according to the information evidences contained. So scientific and reasonable rules of evidences mean a lot to successful arbitration proceedings,the rights of parties and good judgments. At present, most countries have rules of evidences in litigation in detail,but few countries or arbitration agencies have specific rules of evidences in arbitration. this situation does harm to fair and efficient international commercial arbitration and impedes the development of international economic relations. Therefore, it is significant to research on rules of evidence in international commercial arbitration in order to ensure international commercial arbitration progress smoothly.This article falls into five chapters. Chapter one introduces situations of legislation and application of rules of evidence in international commercial arbitration by literature analysis. On the basis of chapter one, chapter two and three elaborate the representative rules of evidence in international commercial arbitration in detail in the order of producing evidence,examination of evidence and comfirming evidence.Then, chapter four compares rules of evidence in internatioanl commercial arbitration with that in domestic civil proceedings. Finally, in chapter five the author give some suggestions to perfect the rules of evidence in international commercial arbitration, combining with current situations of legislation of rules of evidence in international commercial arbitration.
Keywords/Search Tags:international commercial arbitration, evidence rules, perfection
PDF Full Text Request
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