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Identify The Effectiveness Of Evidence In International Commercial Arbitration

Posted on:2015-01-24Degree:MasterType:Thesis
Country:ChinaCandidate:H CengFull Text:PDF
GTID:2266330428962199Subject:Law
Abstract/Summary:PDF Full Text Request
No matter in arbitration or civil proceedings, evidences play a very important role without doubt. When parties have disputes with the truth, evidences are the best way to find the right answer. However, evidences cannot actively tell the truth of cases. People have to restore the case according to the information evidences contained. So scientific and reasonable rules of evidences, mean a lot to a successful arbitration proceeding, the rights of parties and good judgments.In order to better determine the effectiveness of the relevant evidence in commercial arbitration, the international famous Evidence Rules should be analyzed and compared. And summarize the various rules of evidence with same characteristics, as well as its own shortcomings, this article choose the "IBA Rules of Evidence "for example, analyzes its representative rule. Through the above analysis, determine the validity of the evidence. And finally through the concrete practice of international commercial arbitration in our country, from the legislative level, practical aspects of the future development of China’s commercial arbitration, particularly the effectiveness of the identification evidence put forward their own proposals.This article falls into four chapters. Chapter one analysis the representative rules of the International Commercial Arbitration. On the basis of chapter one, chapter two carries the representative rules in detail. Then, chapter three compares rules of evidence in international commercial arbitration with that in domestic civil proceedings. Finally, in chapter four the author give some suggestions to perfect the rules of evidence in international commercial arbitration, combining with current situations of legislation of rules of evidence in international commercial arbitration.
Keywords/Search Tags:Commercial Arbitration, Rules of Evidence, Evidence effectiveness
PDF Full Text Request
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