On Rules Of Evidence For Foreign Commercial Arbitration In China From The Perspective Of "Soft Law" Of International Commercial Arbitration

As the process of globalization has sped up and the trade between countries has become more and more frequent since the 20th century,a large number of transnational commercial disputes have emerged.Because of flexibility and efficiency,international commercial arbitration has attracted more and more attention from international commercial subjects.As the basis for determining the facts of disputes in a case,evidence needs to run through the procedure of international commercial arbitration and directly affects the result of the judgment.There is no need to discuss its importance.However,the evidence itself is not the direct re-play of the case,and the arbitrators need to rely on the information provided by the evidence combination or evidence chain for evidence and judgment,which determines subjectivity and limitation of proving activities.In addition,the parties in international commercial disputes belong to different countries,with different legal culture.Under this premise,the side effects of subjectivity in the proving activities can be eliminated to the greatest extent only with scientific and reasonable rules of evidence with unified standards to ensure that the proving procedure conforms to the value objectives of fairness and efficiency.In 1983,International Bar Association formulated the first edition of rules of evidence for international arbitration,named the Supplementary Rules for Submission and Receipt of Evidence in International Arbitration of IB A,which was replaced by IBA Rules of Taking Evidence in International Arbitration in 1999 and revised again in 2010.IBA Rules of Taking Evidence in International Arbitration is well-known in the international arbitration field,applicable to many international arbitration practitioners,and is widely acclaimed.Nevertheless,the international arbitration field has made a different voice.Adopted in Prague,the capital of the Czech Republic,on December 14,2018,Prague Rules is the rules of evidence for international arbitration in favor of the civil law system,which pursues more economic and efficient international arbitration procedures,and lays more emphasis on the positive role of the arbitral tribunal in streamlining international arbitration procedures.At present,there is less research on the above two "soft laws" of international commercial arbitration in domestic academic circle,especially the research on Prague Rules just issued last year,which is still in the blank stage.In view of the above,this paper is divided into four chapters.Chapter 1 is overview of the rules of evidence in international commercial arbitration.In this chapter,the concept,origin,development,motivation and value orientation of the rules of evidence in international commercial arbitration are introduced as a whole by means of literature analysis.In Chapter 2,the types of evidence in the rules of evidence in international commercial arbitration are introduced,and the specific procedures of the rules of On Rules of Evidence for Foreign Commercial Arbitration in China from the Perspective of "Soft Law" of International Commercial Arbitration evidence are discussed in the four links of evidence collection,proof,cross examination and certification in the procedure of international commercial arbitration.Chapter 3 and Chapter 4 are the focus of this paper.In Chapter 3,similarities and differences between IBA Rules and Prague Rules are compared and analyzed by means of comparative study in four aspects of evidence disclosure,fact witness and expert witness,court trial and the positive role of the arbitration tribunal,and the relationship between these two rules is discussed.In Chapter 4,the existing problems of rules of evidence for foreign commercial arbitration in China are explored,rules of evidence for foreign commercial arbitration in civil law countries are reflected,and the ideas to solve these problems and the ways to improve them are put forward.