On The Construction Of Electronic Evidence Rules Of International Commercial Arbitration

In recent years, with the economic increasingly globalised, the cross-border e-commerce develop increasingly. The current method which traders come from different countries and regions used is to agree on solving the follow-up issues by international commercial arbitration in the clause of the contract. Due to the international commercial transactions involving in arbitration legislation of different countries and regions and the arbitration rules of different arbitration agencies, the trader desperately want to enjoy the same judicial treatment in different countries. With the rapid development of science and technology, more and more international commercial arbitration involves the problem of electronic evidence. However, there did not have establish a unified, coordinated international commercial arbitration rules of electronic evidence. Consider about that, This dissertation studies building an international commercial arbitration rules of electronic evidence.This dissertation consists of three parts. The first part summarizes the existing international commercial arbitration rules about the electronic evidence. The second part mainly demonstrates the necessity of building electronic evidence rules by analysis the force of the background of economic globalization, and the value which the international commercial arbitration pursue, and the science property of electronic evidence. The third part summarizes combined with the practice, trying to build a unified, coordinated international commercial arbitration rules of electronic evidence on the summarizes basis of existing rules in front. This dissertation believes that the international commercial arbitration rules of electronic evidence should be headed by party autonomy, awarded the arbitral tribunal the wide discretion of the tribunal. In terms of burden of proof of electronic evidence, it should carry out the principle of who advocate who proof. In some time need, the burden of proof should be inverse, and the arbitration tribunal to assist the investigation when required. In the cognizance of the electronic evidence, there should not have strict rules for the arbitration tribunal, but the arbitration tribunal can use some auxiliary means to help itself cognize the workability, relevance, materiality and the importance of electronic evidence. The third part is the focus of writing and the innovation in this dissertation.