Comparative Analysis of Powers Enjoyed by the Actors of Arbitral Proceeding in Taking and Evaluation of Evidence in Various Jurisdictions

The paper is devoted to the characterization of the major steps in the procedure of taking evidence in international commercial arbitration. First of all, the author considers central evidentiary concepts such as the admissibility of evidence, its evaluation by the arbitral tribunal and cooperation of the parties to the dispute with the state courts which are the subject of the long-standing concerns of the international community. Secondly, the author analyzes approaches of the common and civil law jurisdictions to the production of evidence including those enshrined in the IBA Rules on Taking Evidence in International Commercial Arbitration. Moreover, the author touches upon the necessity to adopt 2018 Rules on the Efficient Conduct of Proceedings in International Arbitration that represents the new era in the development of the evidentiary process.