Study Of International Commercial Arbitration Rules Of Evidence A Number Of Issues

Evidences themselves can't talk, they are generally discovered through people's perception and understanding. In this sense, cognizance of the evidences might be subject to the arbitrators'own thinking and understanding. In addition, free evaluation of evidence through inner conviction might well lead the arbitrators'judgment astray.The application of the rules of evidences is an effective way to solve above-mentioned problem. Rules of evidences can restrict and instruct the conducts of both parties and arbitrators, and at the same time help exclude illegal and untrue evidences so as to guarantee the arbitration process'justice, and then help arbitrators know clearly about the case and make fair awards, and finally protect legitimate rights and interests of parties concerned and maintain the authority of arbitration court.In international commercial arbitration laws, there are rarely any systematic and detailed regulations on rules of evidences in arbitration; therefore, this part remains uncovered in legislative practices. The same problems exist in the arbitral law and rules of arbitral institution in China, which has detrimental effects on the development of our international commercial arbitration and requires urgent action to establish such regulations.The thesis expounds on the rules of evidences in arbitration in a dynamic way. By reviewing arbitral laws of important countries and arbitral rules of famous arbitral institution, the author summarizes the rules of evidences which are frequently used in the arbitral practices and makes further elaboration in the hope of providing instructions for both parties and arbitrators on which evidence rule to apply to and how to apply certain evidence rule in arbitration cases.