Evidence in International Arbitration

Abstract

> The Parties may present any proof that they judge useful, and the Court is entirely free to take the evidence into account to the extent that it deems it pertinent.1 > > M. Huber IN MANY respects Judge Huber's statement, made in 1925 in connection with the amendment of the rules of the Permanent Court of International Justice,2 still holds true today with respect to much of the practice and procedure relating to evidence in international arbitration. Subject to the principle that arbitrations should be conducted in an orderly and efficient manner that ensures equal treatment of the parties, the parties to an international arbitration are generally free to submit any evidence they wish in order to prove the facts necessary to establish their respective cases. It is within the discretion of the tribunal to evaluate the evidence submitted. The purpose of evidence in proceedings before international arbitral tribunals, as in proceedings before municipal courts, is to assist the tribunal in determining the truth as to disputed issues of fact. Like municipal courts, international tribunals have rules of procedure that govern the submission of evidence and its evaluation by the tribunal. Such rules, however, are less restrictive than those typically found in municipal law systems. International arbitration may occur between sovereign states (or other international persons), between a sovereign state and a private party or, as is usually the case in international commercial arbitrations, between private parties. The conduct of the arbitration may be governed by international law, by municipal law – that is, the ‘national’ or ‘local’ law of the place of the arbitration – or by some combination thereof. Regardless of the nature of the parties and the law applicable to the arbitration, certain principles and rules pertaining to evidence will in principle be applicable to any arbitration. These principles …