Contrastive Analysis on the Documentary Evidence Production Rules of Common Law System and Civil Law System in International Commercial Arbitration
Download as PDF
International commercial arbitration is playing an increasing role in solving international commercial disputes day by day. Evidence is the most important thing in arbitration procedure and greatly affects the results of arbitration. Among numerous evidences, documentary evidences characterized by objectivity and authenticity always become an important kind of evidence for the proof of case facts. Due to differentiated geographical position and law development history, different countries have many discrepancies in legal culture, and there is a big gap in the rules and regulations of documentary evidence production between common law system and civil law system. Making clear of such discrepancies is of great value for appropriately selecting applicable documentary evidence production rules in international commercial arbitration practices. Therefore, this paper focused on clarifying the documentary evidence production rules of common law system and civil law system, made a comparison of the two, and finally came to a conclusion.
International commercial arbitration; common law system; civil law system; documentary evidence; production