A Primary Research Of Application Of Evidence Rules Todefault Award In International Commercial Arbitration

The article is mainly discussing the tribunal how to apply the evidence rules of international commercial arbitration to get a default award when one party is absent. Which is an alternative dispute resolution different from civil action, the international commercial arbitration is more suitable for foreign-related commercial relations. It has many advantages like flexibility, autonomy and quickness. The legal system of international commercial arbitration shows its characteristic of multilevel and diversity. The parties can choose different laws to solve the substantial issue and procedure issue. The tribunal can also apply several kinds of rules in one case, like the Arbitration Law, Civil Procedure Law, the Law of the Application of Law, the Law chosen by the parties, which make the application of rules become more complex.I gave an outline about the evidence rules of international commercial arbitration in Chapter one. I also analyzed the tribunal how to apply the rules of law to make an award in an international commercial arbitration. Combined with the Chinese arbitration law, I want to show the defect of Chinese law system and the complexity of application of law in international commercial arbitration.In Chapter Two, I introduced the theory of Default Award. I also emphasized in the study of arbitration right theory. It has been downplayed for a long time in research of international commercial arbitration, but is the basis and key of the resolution of the basic theoretical issues. The arbitration right is a mixture of judicial and contractual because of its source different from jurisdiction. The discussion of arbitration right paves the way for theory of default award. Default Award is differing from the default judgments and there is no systematic theory in detailed analysis and system construction in default award. But in the arbitration practice in China, the default awards still play an important role. Lack of provisions and study in default award make a lot of problems in the arbitration practice. I first studied in default judgments, and then have some comparison with default award, in order to get its character.In Chapter Three, I analyzed the application of evidence rules of international commercial arbitration when there is a default award. There are both similarities and differences between the default award and default judgment. Because of few theoretical research in default award, I can only get some conclusion form comparison with the default judgment.The Chapter Four is the last chapter of this article, which discussed the defeat of Chinese legal system in international commercial arbitration and the application of evidence rules. I drew a conclusion that we are short of legal provisions in evidence rules of arbitration, which make a series of problems and disadvantages of arbitration in practice. Then, I tried to offer some proposal. For example, the Chinese Arbitration Law should stipulates that the parties can choose evidence rules in the international commercial arbitration; The China Arbitration Association should found and it can make a Model Law of evidence rules; It should set up a legal system of default award, which contains distinctive evidence rules. It should form a diversity legal system in our international commercial arbitration law.