Special Features of Proof in Arbitration

There is no doubt that rising globalization has a huge impact on the development and relevance of international arbitration. The reason why such form of dispute resolution is so common and widespread nowadays is private, succinct, non-judicial and informal trial. Conclusion of the arbitration agreement is a proper way to provide that the potential dispute will be resolved by arbitration. Therefore, the parties are initially interested in a successful settlement of their dispute. Certainly, the procedures for submitting and obtaining evidence play one of the most important roles in international arbitration because they influence the outcome. Evidentiary rules may depend on the traditions, experience and legal training of the arbitrators and on the legal background of the parties. Furthermore, the procedural rules may also provide general provisions in terms of disclosure of evidence. Consequently, the use of evidence in arbitration has lots of special features.