Research On Evidence Rules Of International Commercial Arbitration

As a efficient dispute resolution, the international commercial arbitration is verypopular in international commercial areas. Based on the evidence, The arbitraltribunal ascertain the facts and make a fair referee to the dispute. So the evidence isvery important in the arbitration. Rules of Evidence in international CommercialArbitration is a content-rich theoretical system. It involves evidence collecting,presenting, examining and confirming throughout the proceedings. Therefore, a studyof it not only have theoretical significance, but also mak a guidance to theapplications.This article mainly uses the methods of comparative analysis, literature analysisand economic analysis. First introduced the value of evidence rule. Then analyzes therules of evidence’s application in the proceedings. On this basis, analyzing theproblems and shortcomings of China’s international commercial arbitration rules ofevidence existing, and giving some suggestions to modify and improve the rules ofevidence in our foreign commercial arbitration.The article have three chapters:The first chapter makes a analysis of international commercial arbitration rulesof evidence value. First, introducing the definition, characteristics and orientation ofrules generally. Then, analyzing the rules of evidence’s role in promoting theinternational commercial arbitration’s two values--fairness and efficience, and thesetwo valuas’ relationship. And drawing a conclusion that on the consideration of theboth, we should emphasis efficience. It is better to make a value-oriented for thedevelopment of the rules of evidence.The second chapter is the key part of the article. This chapter elaborate therepresentative rules of evidence in detail in the order of collecting, presenting,examining and confirming evidence by reviewing arbitral laws of major countries andarbitral rules of famous arbitral institution. And making a concrete comment on themain and evidence preservation of evidence collection; the onus, evidence discovery and expert evidence of presentation; the sequence and range of evidence examination;the rules of admissibility, best evidence rule and adverse presumption rules ofevidence confirmation. International arbitration rules of evidence develops moreearlier,and the set of the system is more scientific.So there are many areas deservingto reference.The last chapter investigate the national legislative and practice statue ofevidence system in foreign commercial arbitration in China, covering “ArbitrationLaw”,“Civil Law”, and arbitral rules of the major arbitration institutions of ourcountry, and points out the inadequacies of it, such as litigation and localizationtendency serious, the imperfection of legislation and the confusion of the arbitraltribunal’s distribution of power.The author suggests that the development of international commercial arbitrationrules of evidence in our country should consider autonomy and flexibility andreference the foreign experience to perfecting it, and gives some suggestions how toimprove it.