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CHAPTER 1 The rules of evidence and their application

Rules of Evidence in International Arbitration


Page 1

CHAPTER 1

The rules of evidence and their application

The rules of evidence and their application

1.01 The phrase “rules of evidence” poses two conceptual challenges when applied to international arbitration. The first is one of perception. Some who have a passive knowledge of international arbitration may believe that it is, for all intents and purpose, a process free of rules. In this sense, arbitration has been variously called “litigation lite”, “binding mediation” and other names, some which are arguably accurate and others that are clearly not. Nonetheless, these terms are intended to convey the concept that it is a process that has few, if any, procedural rules. If arbitration is, therefore, the antithesis of rules-based dispute resolution, how then can one speak of “rules of evidence” in international arbitration?

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