The Research Of International Commercial Arbitration Evidence Rules And Its Determination, Application

In recent years, with the development of economic globalization, internationaleconomic exchanges rise obviously, trading disputes between parties from differentcountries also increase year by year.Therefore, international commercial arbitration isgradually becoming the focus of both theory and practical fields.The evidence rulesof international commercial arbitration is well worth of researching.It not only has adirect and profound influence on the arbitral award, but also related to the intrinsicvalue orientation of international commercial arbitration, that is balance of justice andefficiency.At the same time, as a collision field of eastern and western legal culture,evidence rules in international commercial arbitration also embodies the conflicts andcompromises of different legal thoughts.As a complex of contradictions, there arealways many disputes around evidence rules in international commercialarbitration.what is the value pursuit of International commercial arbitration evidencerules?Whether a specialized international commercial arbitration evidence rules isnecessary? What kind of international commercial arbitration evidence rules is reallyin need?How should international commercial arbitration evidence rules bedetermined and applied?The relevant study of international commercial arbitrationevidence rules is very undeveloped domestically,we could not reach a consensus ofthe questions above.This article hopes to introduce international commercial arbitration evidencerules to China systematically, helping to enhance relevant understanding ofinternational commercial arbitration evidence rules.To explore the true value ofinternational commercial arbitration evidence rules,this paper analyses thedetermination and application of international commercial arbitration evidencerules.In terms of structure,firstly,this paper introduces the concept of internationalcommercial arbitration evidence rules, its source, value orientation, the necessity ofthe existence of international commercial arbitration evidence rules,and draw theconclusions below:International commercial arbitration evidence rules guides the workability of evidence rules in the arbitration process;Its source includes nationallaw, arbitration rules, demonstration law and theories of scholars;internationalcommercial arbitration evidence rules in the aspect of should strive to achieve thebalance of justice and efficiency in terms of value orientation;internationalcommercial arbitration needs concrete,standardized evidence rules.Based on theseconclusions,the article then introduces the way that international commercialarbitration evidence rules is determined, its application characteristics,exploring theapplication of international commercial arbitration evidence rules with comparativemethod.The article points out that the autonomy of the parties,the discretion of thearbitration tribunal,the arbitration applicable law, the domestic evidence rules are allclosely related to the determination of international commercial arbitration evidencerules,the relevant parties shall determine the international commercial arbitrationevidence rules according to different situations.In terms of application, internationalcommercial arbitration evidence rules reflects strong "flexibility".All the evidencerules provide the parties and the arbitration tribunals perfect system framework, inwhich the parties have plenty space to make choices, even change therules.Finally,the article points out the actual problems in China’s internationalcommercial arbitration evidence rules,and puts forward some improvementsuggestions.Our domestic international commercial arbitration evidence rules tend tobe too rigid,closed,and we pay too much to litigation,ignore arbitration a lot.So,thisarticle suggests our domestic international commercial arbitration evidence rulesincrease the opening degree to the outside world,and highlight the research onarbitration,especially on international commercial arbitration evidence rules,no longersee arbitration as a byproduct of litigation.