Study Of Commercial Arbitration Of Certain Evidence

Evidential issues are at the core of dispute resolution proceedings. In an increasingly globalized economy, the number and frequency of transnational disputes are rising, and arbitration is widely recognized among various types of dispute resolution for its convenience, confidentiality and enforceability. Well-controlled and directed evidential proceedings in commercial arbitration are positive for arbitral tribunals and the parties, and will reduce the cost for dispute resolution. However, in major PRC commercial arbitration institutions, there are currently no binding rules of evidence for the parties to choose and incorporate into an arbitration clause, nor any non-binding guidance. This paper will consider the present arbitration regime in China and address some evidential issues in commercial arbitration, including the legal effects of incorporating a set of rules of evidence into the arbitration clause, disclosure, burden of proof, privilege, etc. After such analysis, this paper will propose rules for the above issues or changes to be made under the present legislation framework.