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Part III Presumptions and Inferences, 8 Inferences from Evidence or Its Absence

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


This chapter discusses the use of inferences. The use of inferences means that the tribunal makes a determination of fact that is not premised upon direct evidence. The tribunal thus is convinced of the truth of a fact despite the absence of a document or witness testimony that would establish that fact first hand. Such findings of fact are relatively frequent, especially when documents are scarce and witness testimony is self-serving. An inference refers thus to a conclusion that as a matter of plausibility a fact must be true in light of other relevant and probative record evidence as well as party conduct in the arbitral proceedings. Moreover, the plausibility of an inference is governed by the same standard of proof as the proof of the relevant fact by direct evidence.

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