Evidence in International Commercial Arbitration

The purpose of the study is to identify and solve complex theoretical and practical problems of the private international law’s doctrine relating to the definition of the proof activities’ characteristics and patterns in international commercial arbitration (ICA). Master thesis consists of introduction, three chapters, five paragraphs, conclusion and bibliography. Chapter I discusses the concept and features of proofs in ICA. Chapter II examines the process of proof in ICA. Paragraph 1 examines the content and purpose of proof. Paragraph 2 is devoted to the consideration of the standard of proof. Chapter III is devoted to the legal foundation of the process of proof in ICA. Paragraph 1 explores the proof’s direction and level of legal regulation and practice unification. Paragraph 2 characterizes the law applicable to the process of proof in ICA. On the basis of the analysis, the following conclusions were formulated: firstly, the evidence in the ICA is the data that have a certain meaning and value to solve the case; secondly, the proof in the ICA includes the activities of all participants of arbitration proceedings to establish the circumstances relevant to the dispute resolution; thirdly, the achievement of the purpose of proof in a particular case is shown by the implementation of the standard of proof, which is the confidence level on the fact which circumstances must be supported by evidence that they could be considered valid; fourthly, there are processes of unification that can be traced to four clearly defined levels in legal regulation and practice of evidence in ICA; fifthly, the body of law which governs the proof in ICA, are the rules of the procedural law of the arbitration, as well as separate provisions of law applicable to the merits have a close connection with the evidence.