International arbitration News, analytics and practice

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”.

10Nov/100

Everything you need to know about international arbitration on one page

International arbitration is a very tricky area, there are too many peculiarities so that even an academic course in this field is only a small amount of knowledge that the practitioner should have. We are often asked by young lawyers starting their practice in arbitration about the general information that could help them to have a general picture of what is arbitration.important about arbitration1 Everything you need to know about international arbitration on one page

18Jan/10Off

Linguistic dispute: Perversion of online arbitration concept in Ukraine

There is no specific regulation allowing or prohibiting online arbitration in Ukraine at the time. Actually there is no Ukrainian practice of online arbitration. However, I have already heard “well grounded” opinions of specialists in arbitration concerning online ADR and its future in Ukraine. Those opinions seemed interesting to me because (1) they are based on subjective understanding of the term “online arbitration” and (2) for the mentioned reason they jeopardize the idea of online arbitration. Let me explain. The term “online arbitration” is often replaced with the terms “e-arbitration” and “virtual arbitration” which have almost synonymous meaning. In the Ukrainian language the word “online” and prefix “e-“ are rather foreign substance. Thus, “virtual arbitration” remains. However, for Ukrainian legal brains virtual is something fake. Moreover, during several years (2005-2009) local arbitration courts were often misused. Many times they were used as an instrument of legitimization of title to real estate. Taking into account that usually there was no dispute in such real estate cases the proceedings were “virtual”: no evidences presented, no hearings took place.
Thank heaven that the experts supported by the United Nations Conference on Trade and Development (UNCTAD) developed the concept of electronic arbitration. This is what may be implemented in the Ukrainian legal practice though it may take years.

(c) by International arbitration blog