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Evidence in International Investment Arbitration by Sourgens, Frédéric Gilles; Duggal, Kabir; Laird, Ian A

Part I Introduction, 1 Situating Evidence in the Process of 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, 2015. All Rights Reserved. date: 19 June 2019

Subject(s):
Evidence — Annulment

This chapter submits that investor-state arbitration faces a common core set of problems that tribunals hearing these claims must resolve. Commentators of, and participants in, investor-state arbitration typically submit that there is only one rule of evidence: the free appreciation of evidence by the arbitrator. Given the ubiquity of the sentiment that there are no rules of evidence in investor-state arbitration, this chapter first attempts to examine where this perceived wisdom has gone wrong. This premise starts from a foundational coincidence of the who, what, how, and why of the decision-making process involving states and foreign investors. The coincidence explains why principles could form in the first place, given the role of the process participants, the subject matter of the process, and the operations of the process, as well as its constitutive values.

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