A Research Of Application And Perfection Of Evidence Rules In International Commercial Arbitration

This thesis approaches the phenomenon that arbitrator `s (or arbitral court`s) applying evidence rules to the procedure of international commercial arbitration violates"natural justice"from the two judicial correction and remedy channel: reversing or refusing the award. Basie on the illustration and analysis of the phenomenon above, the thesis gives some advice on perfecting the application of evidence rules in international commercial arbitration.Firstly, the thesis anatomies the concept of evidence rules in international commercial arbitration. Through comparing the concept of evidence rules in international commercial arbitration with that of evidence law and that of evidence rules in civil procedural law, the thesis elaborates the characteristic of the evidence rules in international commercial arbitration. For further explicating the research realm, the thesis treatises the judicial correction and remedy measures. Secondly, from the standpoint of explaining stationary formal evidence rules, the thesis demonstrates the documents evidence rules, verbal evidence rules, tribunal-appointed expert evidence rules and on-site inspection evidence rule one by one, and analyzes arbitrator`s behavior that violate natural justice when applying these evidence rules, predominantly highlights the problems and suggesting solutions.Finally, through analyzing related international covenants, modal laws, rules, countries legislative development tendency and juridical practice, the thesis disclosures that substantial justice has been taking priority over procedure justice when courts in world countries supervise the application of evidence rule in international commercial arbitration ,furthermore, by analyzing that problem`s course and weighing the advantage and disadvantage, illustrates the importance of procedure justice. For reducing reversal of or refusal of awards, the arbitrators must attach importance to expression of evidence in arbitral awards, adhere to procedure justice and respect the parties`s procedure master status and right to choice procedure. For the sake of perfecting the whole civil dispute resolution mechanism, courts should take account of all subjective and objective facts, weight between and protect the parties substantial rights and procedural rights to the greatest extent. At length, the writer in this thesis set out some of evidence rules problem areas in Arbitration Law of the People`s Republic of China and give several suggesting advices to amend and perfect relative evidence rule in the law.