Research On The Legal Issues Of Discovery Of Evidence Ininternational Commercial Arbitration

In relevant international commercial disputes is the most effective solution is to use arbitration,and in the process of the use of arbitration in solving disputes,people is the most commonly used evidence,because the evidence is for the case facts,find and evidence to restore the original to the case the most fair,based on the result of the throughout the international commercial arbitration procedures,we can see clear evidence as a very important role in the link.The content of the evidence rules of international commercial arbitration is extremely rich,including the evidence collection in the initial stage of the case,the proof in the process of the case trial,and the subsequent certification and cross-examination,etc.,so as to ensure the legal rights of the parties to the case and achieve the true sense of fairness and justice.Study of international commercial arbitration rules of evidence to begin from theory to practice,not only to China's current situation analysis of other countries make use of evidence rules practice,in this article,the author of China commercial arbitration evidence rules in the practice of the foreign present situation has carried on the earnest analysis and investigation and made some research,in order to build parallel to conform to the situation of China and the world of international commercial arbitration rules of evidence.To discovery how to use the international commercial arbitration,the Anglo-American law system and continental law system is different,each method has its own unique operation process,the case results produced by the same method also each are not identical,in real life when the parties to choose their own rules for the dialectical will naturally choose their familiar ways,this will facilitate the case to better use to solve this case,however,does not play to its role should have,the case will be the ultimate solution to produce bad results.This result will affect the entity rights and obligations of the parties,when the final results of a case when there is no guarantee that the greatest power,so,its execution is bound to thousand difficult resistance,so the international commercial arbitration evidence is a very important process in the process of arbitration,both in the theoretical research and practical operation on the dominant position of the bearing.Full text is divided into four chapters,first of all,the first chapter through the analysis of the definition of international commercial arbitration discovery and discovery system in Anglo-American law system for perspective to analyze the content of the discovery,in order to deepen the understanding of the discovery system,at the same time,through the analysis of China's scholars introduced the discovery system point of view to look at discovery in the situation of China.The second chapter will enumerate the three arbitration norms formulated by international organizations and countries,at the same time,analyze the latest development of relevant evidence rules at present,and analyze the actual situation of their operation in detail,so as to find the reference significance for China to establish international commercial evidence rules.The third chapter discuss the discovery system the troubles of the international commercial arbitration,international commercial arbitration discovery of conflict problems and find out the cause of the conflict and analyze the direction of the solution to this dilemma,through the analysis can be clear in China to establish the direction of the international commercial arbitration discovery,make China in the face of the discovery problem to find a solution as soon as possible.The fourth chapter analyzes the status quo of evidence rules in current legislation and problems in practice in China's international commercial arbitration rules,involving arbitration,civil litigation and judicial interpretation and opinions related to the supreme people's court,so as to put forward opinions on improving evidence rules.Given China's rapid development in the international commercial trend,this paper introduces the discovery system,the basic content and analysis of the discovery system in the world within the scope of a development condition and development trend,to the development trend of China to conduct a comprehensive,advancing with The Times for China's discovery of the summary,on this basis,the paper points out the future development of China's international commercial arbitration.