Questions of evidence are among the most problematic aspects of any regulation of international arbitration. This is especially so in case of arbitration under the UNCITRAL Rules, which are intended for application in proceedings involving parties from around the world and from various legal systems, including common and civil law. The expectations of parties from different legal systems are never so likely to conflict as with questions of evidence. In the “adversarial” system of common law, the parties generate the evidence in accordance with relatively technical...
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