Chapter Evidence in Intl Arbitration.ppt

Chapter 8 Evidence in Int’l Arbitration Significance of Evidence Basic for finding out the facts Basic for determination of the liabilities Basic for rendering impartial and independent award 诉讼证据与仲裁证据 诉讼证据规则 仲裁证据规则 举证原则 证据认定原则 Forms of Evidence Documents (书证) Evidentiary hearing （开庭取证） Witnesses of fact (证人证言) Expert witnesses (专家证据) Documents Writings of any kind, whether recorded on paper, electronic means, audio or visual recordings or any other mechanical or electronic means of storing or recording information. Evidentiary Hearing Any hearing, whether or not held on consecutive days, at which the arbitral tribunal receives oral evidence. Witnesses of Fact Any party may present evidence as a witness, including a party or a party’s officer, employee or other representative. The arbitral tribunal may order any party to provide the appearance for testimony at an evidentiary hearing of any person. Expert Evidence Party-appointed expert: an expert witness presented by a party for specific matters; Tribunal-appointed expert Expert report On Site Inspection The arbitral tribunal, at the request of a party or on its own motion, inspect or require the inspection by a tribunal-appointed expert of any site, property, machinery, or any other goods or process, or documents, as it deems appropriate. Admissibility and Assessment of Evidence The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the evidence. Could Mountain v. Lewis 307 Dispute over overpayment for renovations for Lewis’s properties Award in favor of Cold Mountain Lewis applied for set aside the award on the ground that the arbitrator refused to enforce the subpoena and require production of all of the invoices Odyssey v. ADAS (Astra) 319 Dispute on various reinsurance agreement b/w Odyssey and ADAS during 1969-1983 ADAS ceased to exist and replaced partially by Astra Astra applied for set aside award by the arbitrator as to his jurisdiction. Delphi Petroleum v. Deri