The Arbitration Law and its judicial interpretations only provide general provisions on the production and examination of evidence in arbitration. However, there are no systematic rules of evidence. The production and examination of evidence are important substantive rights of the parties. The quality of the preparation of evidence materials determines whether this case is successful. According to the basic principle of “burden of proof lies with the party asserting the proposition”, the asserting parties shall provide evidence to prove the facts on which their applications, defenses, and counterclaims are based. To some extent, the burden of proof is twofold, i.e., the burden of proof for asserted facts, and the burden of adverse consequences when the truth or falsity of the facts to be proved is unclear. In practice, some arbitration cases may refer to the rules of evidence in civil litigation or the rules of evidence in international commercial arbitration. In principle, there is no substantive difference in the general provisions of rights and obligations. This chapter focuses on the substantive issues of evidence copy, evidence disclosure, witness testimony, online verification of evidence, post-trial evidence examination, and new evidence in the process of evidence production and examination, and discusses the identification of fabricated evidence and concealment of evidence.

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Evidence

  • Yifei Lin

摘要

The Arbitration Law and its judicial interpretations only provide general provisions on the production and examination of evidence in arbitration. However, there are no systematic rules of evidence. The production and examination of evidence are important substantive rights of the parties. The quality of the preparation of evidence materials determines whether this case is successful. According to the basic principle of “burden of proof lies with the party asserting the proposition”, the asserting parties shall provide evidence to prove the facts on which their applications, defenses, and counterclaims are based. To some extent, the burden of proof is twofold, i.e., the burden of proof for asserted facts, and the burden of adverse consequences when the truth or falsity of the facts to be proved is unclear. In practice, some arbitration cases may refer to the rules of evidence in civil litigation or the rules of evidence in international commercial arbitration. In principle, there is no substantive difference in the general provisions of rights and obligations. This chapter focuses on the substantive issues of evidence copy, evidence disclosure, witness testimony, online verification of evidence, post-trial evidence examination, and new evidence in the process of evidence production and examination, and discusses the identification of fabricated evidence and concealment of evidence.