| In the international civil action lawsuit is evidence, this sentence in the internationalcommercial arbitration applies equally. The rules of evidence in international commercialarbitration is one of the important theoretical questions, is judge to find the facts of the case tomake a fair ruling means, also matter to arbitration with fairness and efficiency of the moderncommercial arbitration rules of evidence and basic requirements.Firstly，the article introduces the two main legal systems of rules of evidence definition,is presented in this paper for the rules of evidence in the connotation of view. And thenfocuses on the rules of evidence in the introduction, including the basic principles and valueorientation. Rules of evidence are also related to the legal application issues, are discussed intheory, using the example of way of illustration, the combination of theory and practice, thepaper discusses the legal application issues in theory and practice, the current internationalcommercial arbitration in the rules of evidence applicable on the overall development trend.Secondly, combined with China’s arbitration practice, analysis of China’s foreign-relatedarbitration rules of evidence rules and practice situation, find the relevant provisions of Chinadoes not conform to the rules of evidence in international commercial arbitration is thegeneral trend. And the rules of evidence in civil litigation of our country is compared, foundthe foreign arbitration rules of evidence in the unique, finally proposed our country foreignarbitration rules of evidence should not follow the procedure rules of evidence of the relevantprovisions, and should have its own unique system, in the international commercial arbitration,construct fair efficiency with arbitration benefit maximum the proof of the process.This article is divided into four chapters, the first chapter using comparative research andliterature analysis method to analyze the international commercial arbitration rules ofevidence including the ability of evidence, proof and proof rules of procedure, the basicprinciples mainly discusses the autonomy of the parties and" who advocates who proof"principle, and thinks that the international commercial arbitration at efficiency is preferential,fairness of arbitration, the pursuit of maximum benefit as the value orientation.The second chapter mainly discusses the applicable law in international commercialarbitration, the first analysis of the legal theory, give priority to apply when the parties choosethe rules of evidence, if the parties have no choice, then the applicable arbitration law, and"non local theory" has not been generally accepted. And then using empirical analysis this paper discusses our country, Sweden and the United States the specific application of lawpractice, finally obtains evidence in international commercial arbitration rules of applicablelaw development trend.The third chapter according to the rules of evidence in the evidence, cross-examinationand authentication sequence, expounds the extraterritorial evidence collection andpreservation of evidence in two aspects, the cross-examination of cross-examination rule andcertified in several representative rules of evidence and the arbitrator" free evaluation ofevidence".The fourth chapter firstly analyzes China’s arbitration law of evidence,cross-examination and certification of the relevant provisions of the present situation and theinsufficiency, and then puts forward some improvement of China foreign-related arbitrationevidence rules, in order to achieve the role. |
