An account of events, by definition, involves an understanding of the actors: evidence in international commercial arbitration

Abstract

What could justify the paper on evidence in international commercial arbitration? What is so peculiar about this instance of the realisation of the law that it explains the autonomy of the subject of evidence when it takes place in international commercial arbitration? Isn't the general theory of evidence applicable to the demonstration of reality in a certain type of proceedings – arbitral proceedings – whenever they concern commercial and plurilocalised disputes? These are the central questions around which the text will gravitate. We will emphasise what we believe to be the determining factor in the development of a praxis that does not cause a break between the general theory of evidence developed for civil cases tried in state courts and the central vectors of evidence as known in international commercial arbitration: the context of the exercise of jurisdiction.

Keywords

• evidence
• international commercial arbitration
• general theory of evidence
• international praxis
• soft law and private autonomy