Rusakova E.P. Some Questions of Proof in China International Economic and Trade Arbitration Commission
DOI: https://doi.org/10.15688/jvolsu5.2016.3.20
Ekaterina Petrovna Rusakova
Candidate of Juridical Sciences, Associate Professor, Department of Civil and Labour Law,
Peoples’ Friendship University of Russia
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Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation
Abstract. The author analyzes the recommendations on the evidence of the China International Economic and Trade Arbitration Commission (CIETAC), evidentiary and presentation of specific means of proof. The possibility of a motion of measures to preserve evidence, the people’s court of the PRC, and any interim measures which the party may deem necessary or proper in accordance with applicable law.
The regulations strengthened the requirements for the arbitrator that they should be independent from the parties, impartial, disinterested person in the case, fully and thoroughly examine all the evidence of the parties and to be fair and reasonable in their assessment, and also contains the obligation of the arbitrator to “adequately disclose” (according to law) the circumstances of the case. The results of the evaluation of evidence, reports and other materials are signed by the appraising entity and transmitted to the court in the original and one copy to all parties in the case, the decision on the admission of the report and other collected evidence, the Commission adopts the arbitration. The principal is a mandatory notification of the parties on the results of proof and the opportunity to express their point of view to the court on the evidence presented.
The author explores different means of evidence, including expert opinion, appraiser, inspector, testimony, as well as such characteristics as relevance and admissibility of evidence. Violation of the process of proof leads to negative consequences for the arbitral award, until its abolition, therefore, the regulations clearly stipulate the procedure.
Key words: China International Economic and Trade Arbitration Commission, proof, substantiation, relevance, admissibility, expert, appraiser, affiant, inspector.
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