On The Rules Of Evidence In International Commercial Arbitration In China To Build And Improve

Evidence plays a fairly important part in the international commercial arbitration by helping the arbitrators in the tribunals to accurately determine facts of the cases, thereby affecting the substantive rights and obligations of the parties, and the related rules of evidence shall ultimately affect the recognition and enforcement of the award rendered by the international commercial arbitration tribunals during the judicial review by the court. In international commercial arbitration, as the core and basis of the whole arbitration process, the evidence system is a fairly large and comprehensive system, which consists of varieties and effects of evidences, and a series of evidential activities such as collection, examination and evaluation, and the judicial support and supervision from the courts. This thesis is to be divided into four chapters to discuss the evidence system in international commercial arbitration, including the characteristics of the rules of evidence, the party autonomy principle and basic values, analyze court support and assistance to the international commercial arbitration with regard to the evidence issues, and try to bring forward suggestions for modifying the arbitration law in China.In the first chapter, the author shall introduce the subject of this thesis, the evidence system in international commercial arbitration, analyze the characteristics of this subject by comparing the rules in the international commercial arbitration to international civil and commercial litigation, and discuss the party autonomy principle and basic values from the perspective of jurisprudence. In the second chapter, the author shall focus on the rules of evidence in international commercial arbitration during the whole process from taking, producing, examining and certifying the evidences. The IBA Rules shall be interpreted and discussed, and relevant laws and regulations in common law and civil law systems shall be investigated as well as various cases in this part to thoroughly analyze how to obtain and determine the evidences in the international arbitration both in theoretical and practical way. In the third chapter, the author will devote to research of court role in supporting and assisting the international commercial arbitration tribunals with regard to evidence issues, including the preservation of evidence, taking other coercive measures, recognition and execution of provisional measures in the extraterritorial areas, as well as judicial review of evidence issues in revoking or not enforcing the award rendered by the commercial arbitration tribunals. In the last chapter, the author shall investigate the national legislative status of evidence system in international arbitration in China and also try to identify the problems in arbitration practice, covering "Arbitration Law", "Civil Law" and interpretations of the Supreme People's Court, in order to propose some sound advices to modification of "Arbitration Law" regarding the rules of evidence in international commercial arbitration.The purpose of this paper, on the basis of a thorough discussion and analysis of evidence systems in international commercial arbitration in China, to bring forward some basic ideas to reform and improve the rules of evidence in international commercial arbitration in by taking some international and foreign experiences.