Research On Arbitral Tribunal’s Principle Of Collecting Evidence

Evidence is the basis of the part of the case.The facts of the case are traced back through evidence collection,proof,cross-examination and certification.Under China’s existing dual structure of domestic and international arbitration,domestic commercial arbitration has grown up in malformations.In domestic commercial arbitration cases,the arbitral tribunal encountered obstacles in the process of collecting evidence,and there was a situation in which the parties did not cooperate and the agencies under investigation did not cooperate.In the past research on arbitration evidence,scholars often focused on the comparison between arbitration and litigation,proposed to establish an independent evidence system for arbitration,but lacked of a complete exposition of the specific arbitration collection evidence system.Based on the comparison with the civil procedure,this article is aim to explores the principle of the arbitral tribunal’s collection of evidence.First,compare and analyze "self-collection" to determine the scope and premise of the discussion.Second,from the perspective of the nature of the arbitration right,the objective need of arbitration to ascertain the facts,and the legal basis for the arbitration tribunal to collect evidence,the arbitral tribunal will discuss the legitimacy and legitimacy of the collection of evidence.Next,the range and conditions of the arbitral tribunal’s collection of evidence are elaborated.After the comparison with the civil lawsuit,the "necessity" was accurately defined as importance and specificity.Afterwards,the procedures and specific methods for the collection of evidence by the arbitral tribunal are discussed.After the arbitral tribunal is determined to collect evidence,the procedures for gathering evidence shall be conducted by the main parties of the different execution procedures—arbitral tribunals and arbitration institutions,parties,and courts.In contrast to the evidence preservation of the court,the arbitral tribunal can collect the evidence under the current law by means of interpretation.Finally,combining three specific cases,the arbitral tribunal comprehensively discusses the collection of evidence and makes practical recommendations for the collection of evidence by the arbitral tribunal in China.