International arbitration News, analytics and practice

18Sep/160

Evidence and Proof in International Commercial Arbitration

Докази в арбітражіПсихология доказыванияNew books for arbitration practitioners, 'Evidence and Proof in International Commercial Arbitration : Scientific and Practical Guide' (in Russian - Download link) and 'Theory and Practice of Proof in International Commercial Arbitration: Monograph' (in Ukrainian - Download link) have been recently published by Konstantin Pilkov PhD, Associate Professor of the Department of International Private Law of Kyiv National Trade and Economics University, partner of Cai & Lenard, arbitrator of the ICAC at the UCCI.


The author presents the latest developments in the law of evidence in arbitration as well as best practices.

The books offer an integrated approach to evidence which includes comprehensive doctrinal analysis. Practical recommendation given in the books are meant to facilitate arbitration proceedings that are fair, accurate, and efficient.
Several chapters of each book are currently available on Cai & Lenard website.

Complete downloadable versions will be available after arbitration conferences in November.

8Jul/140

Evidence in International Arbitration: Evaluation Criteria

(extract from Konstantin Pilkov. Evidence in International Arbitration: Criteria for Admission and Evaluation. Arbitration. – 2014. – Vol. 80. – Issue 2 2014)

It is commonly recognised that the admissibility of evidence does not automatically guarantee that the evidence will be considered as having probative value. There are more or less explicit relevance, admissibility and materiality criteria for determining whether a piece of evidence is admissible, whereas the methods for weighing evidence and determining the sufficient level of proof are subjective and somewhat inexplicable.[1] The weight of the evidence usually refers to its persuasive effect on the arbitrator’s mind. It is within the discretion of the tribunal to evaluate the evidence submitted by the parties, though the parties can agree on the sufficiency, as will be discussed later.

The weight of the evidence includes questions of credibility (reliability) and the evaluation of inferences which can be made from the evidence.

5May/140

Evidence in International Arbitration: Criteria for Admission

(extract from Konstantin Pilkov. Evidence in International Arbitration: Criteria for Admission and Evaluation. Arbitration. – 2014. – Vol. 80. – Issue 2 2014)

Arbitration rules give broad authority to arbitrators regarding the consideration of evidence.[1] They usually do not set any formal procedure of admission and evaluation of evidence and say little if anything about the criteria for such admission and evaluation. The UNCITRAL Arbitration Rules (as revised in 2010) art.27(4) provide that once a party offers evidence to prove the facts it relies on, the tribunal is required to “determine the admissibility, relevance, materiality, and weight of the evidence offered”.