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Part IV The Presentation of the Case: Evidence and Hearings, Ch.18 Evidence

From: The UNCITRAL Arbitration Rules: A Commentary (2nd Edition)

David D Caron, Lee M Caplan

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 28 November 2023

Subject(s):
Settlement of disputes — Evidence — UNCITRAL Arbitration Rules
Questions of evidence are among the most problematic aspects of any regulation of international arbitration. This is especially so in case of arbitration under the UNCITRAL Rules, which are intended for application in proceedings involving parties from around the world and from various legal systems, including common and civil law. The expectations of parties from different legal systems are never so likely to conflict as with questions of evidence. In the “adversarial” system of common law, the parties generate the evidence in accordance with relatively technical...
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