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Part IV The Presentation of the Case: Evidence and Hearings, Ch.16 Evidence

David D. Caron, Lee M. Caplan, Matti Pellonpää

From: The UNCITRAL Arbitration Rules: A Commentary (1st Edition)

David D. Caron, Matti Pellonpää, Lee M. Caplan

A newer edition of The UNCITRAL Arbitration Rules is available. Latest edition (2 ed.)
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From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 23 July 2024

Questions of evidence are among the most problematic aspects of any regulation of international arbitration. This is especially so in the 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 UNCITRAL Rules have adopted the evidentiary principles of neither system as such, but rather have aimed at creating a relatively flexible framework within which the arbitrators are “freed from having to observe the strict legal rules of evidence” of any particular domestic regime. This Chapter addresses Article 24 of the UNCITRAL Rules; Article 25, a closely related provision, is addressed in Chapter 17. (chapter 17)

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