Study On Exclusionary Rules Of Evidence In International Commercial Arbitration

International commercial arbitration is a predominent way to solve transnational commercial disputes because of its autonomy and flexibility,efficiency and fairness.Evidence is the basis of restoring the facts of the case.The determination of evidence is the core issue of international commercial arbitration procedure,because it is directly related to the final award and the rights and interests of the parties.However,the relevant international conventions and the arbitration legislation of various countries rarely involve the issue of evidence.The arbitration rules of institutions have few provisions on the identification of evidence.Although the soft laws provide relatively systematic rules of evidence,they still lack the refined rules.Generally,the arbitral tribunal does not apply the strict rules of evidence of domestic judicial proceedings,and is granted the discretion of admissibility,relevance,materiality and weight of evidence.Admissibility is the qualification of evidence adoption,which is the primary link of evidence identification Therefore,evidence law has produced various exclusionary rules of evidence to regulate it.However,international arbitration norms and practices often neglect admissibility.Only Article 9 of IBA Rules on the Taking of Evidence in International Arbitration makes detailed provisions on the admissibility and assessment of evidence,including exclusionary rules of evidence,but they are still vague,broad,and limited.In order to limit the discretion of the arbitral tribunal,protect the predictability of the parties and improve the fairness of the arbitration procedure,this paper hopes to study on the exclusionary rules of evidence in international commercial arbitration on the basis of IBA Rules on the Taking of Evidence in International Arbitration and put forward the construction of corresponding rules in China's international commercial arbitration,so as to provide more detailed and practical guidance for the parties and the arbitral tribunalThe first chapter is an overview of the exclusionary rules of evidence in international commercial arbitration.After introducing the theoretical basis of evidence qualification in evidence law of the two legal systems,this paper makes a basic analysis of evidence identification and exclusionary rules in international commercial arbitration,and specifically explains the necessity of improving the exclusionary rules of evidenceThe second chapter is the analysis of the exclusionary rules of evidence based on legal privilege.After the preliminary definition of the legal privilege,this paper analyzes the existing three types of typical disputes combined with the theoretical point of view and arbitration practice,and finally makes a detailed interpretation of the existing rules and puts forward suggestions for improvement.The third chapter is the analysis of the exclusionary rules of evidence based on confidentiality.After expounding the theoretical basis of excluding confidential evidence,this paper analyzes the two kinds of confidential evidence in combination with arbitration practice,and finally points out the limitations of existing rules and puts forward suggestions for improvement.The fourth chapter is the analysis of the exclusionary rules of evidence based on general procedural principles.After the evaluation and analysis of the rules of procedural economy,proportionality,fairness and equality,this paper puts forward the suggestions of adding the definition of concepts and the exclusionary rules of illegal evidence and overdue evidence,and analyzes the rules of two types of typical evidence in detailThe fifth chapter discusses the construction of the exclusionary rules of evidence in China's international commercial arbitration.After in-depth analysis of the problems existing in the identification of evidence in China's international commercial arbitration,this paper reasonably proposes the feasible suggestions combined with China's practical experience and previous research results.