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Part II Burden and Standard of Proof in International Investment Arbitration, 4 Introduction to the Standard of Proof in Investor–State Arbitration

From: Evidence in International Investment Arbitration

Frédéric Gilles Sourgens, Kabir Duggal, Ian A. Laird

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 01 October 2023

Burden of proof — Standard of proof

This chapter introduces the standard of proof. The standard of proof provides the amount of evidence that must be provided by the party that has the burden (ie the party making the allegation). As such, it is a concept that is closely related with the burden of proof. The standard of proof helps explain how much evidence needs to be proffered by the party that has the burden of proving any particular issue in question. Since the distinction between the burden and standard of proof remains so contentious in investor-state arbitration, the chapter distinguishes the two by considering who must do the proving, and how much needs to be proved.

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