International Commercial Arbitration Evidence Discovery System Research

How to discovery evidence in international commercial arbitration is traditionally different in the common law system and the civil law system. Different methods are much likely bring on different results. The partners always prefer to choose the rules familiar to themselves, it`s harmful to solve disputes of international business. This article discusses the reasons of this problem,puts forward the solution and reminds the partners to pay attention to evidence discovery in international commercial arbitration.In this paper, I will start from the analysis of concept, role, value of the evidence discovery in international arbitration; focus on IBA Rules on the Taking of Evidence in International Commercial Arbitration; draw lessons from international community. especially focus on the ,methods, objects, privilege of evidence discovery in international arbitration; analysis legislation and arbitration practice of China's foreign commercial arbitration evidence discovery system ,and put forward my own views that we should be improve the evidence discovery system in China`s foreign commercial arbitration from the legislative and practical aspects.