Rules Of Evidence In International Commercial Arbitration With The Facts

The essence of international commercial arbitration is a fundamentally fair proceeding to resolve disputes by the presentation of evidence. The conduct of an arbitration hearing pivots on the evidence presented. During the hearing, a major goal for each party is to admit favorable evidence and exclude or cast doubt upon the opponent's adverse proofs. Since the Chinese scholars have been ignoring this field purportedly or innocently for such a long time, there is no complete stock of evidentiary knowledge for international commercial arbitration and all the analysis about the evidentiary rules are more or less superficial. This essay aims to find a better way to solve the above problems.The essay begins with introduction of the basic concepts of arbitration evidence, and sets forth relevant evidence protocols contained in various countries and international arbitration institutions, as well as a brief overview summarizing the treatment usually accorded various kinds or categories of evidence. Then I deals with the natures and functions of the evidentiary rules, and explain why as most scholars points out that the evidentiary rules in international commercial context are much "softer" than that of litigation.Section II of this essay approaches the above problems in a philosophy view. It discusses the conflicts between the principal goal of the arbitration process and its rivals. The common view is that the truth is the principal goal of the arbitration, while its rivals include but not limited to the efficiency, social welfare, the satisfaction of the parties.ect. But I argue that the evidentiary rules in international commercial arbitration must operate subject to various significant constraints, some of which derogate the search for truth. The principle goal is the dispute resolution, and accordingly arbitrators make use of soft evidentiary rules to construct their own explanations to the facts happened before. Their decision about the dispute is not the perfect truth of the facts that happened before, the arbitrators have their own "storytelling".Section â…¢ of this essay examines the latest trend of evidentiary rules in international arbitration. Has the international commercial arbitration "Americanized" or "harmonized"? Does this mean the evidentiary rules merges to a standardization era? Whether or not there is still some remaining issues that are not yet standardized? This section will look into all these...