Reasons For Concealing Evidence: Function And Application

Among the reasons for China's revocation of arbitral awards in the Mainland,"concealment of evidence" belongs to the substantive supervision,as much controversy over whether to retain them.It is closely related to the burden of proof model adopted in arbitration.In terms of system design,this plays a corrective or supervisory role in the fairness of arbitration.Examining whether this normative model is in line with the development trend of China's arbitration practice or whether it is in line with the state of social development must be measured in judicial practice.This article analyzes the arbitral award made by the Beijing Arbitration Commission as a sample,and finds the rate of application is high.However,the court has continuously narrowed the scope of substantive supervision,and has tended to procedural grounds,which has made the success rate of withdrawal very low.Therefore,the question arises: whether the original intention of the Cause has deviated from the modern arbitration practice.In this regard,this article believes that given the Cause is closely related to the development of arbitration in China,the continuous improvement of China's arbitration status means that the legitimacy of concealment of evidence is weakening significantly.At the same time,the court did not fully aim at "supervising the impartiality of arbitration".Instead,the court "played amended" this entity's supervision mechanism by exerting greater judicial initiative to better conform to the essence of arbitration and development trend.Therefore,the fact that the above means the Cause has deviated from the modern arbitration practice,so it is need to reform the Cause and eventually adapt to the development of modern society.