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Evidence and Proof in International Arbitration

ФИО студента: Viktoriya Erokhina

Руководитель: Alexander Evseev

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Год защиты: 2021

The master's thesis is devoted to the topic «Evidence and Proof in International Arbitration." The theme in this work is analysed through the prism of transformational processes currently taking place: - intensive implementation of information technologies into the process (including due to the COVID-19 pandemic and the restrictions it has entailed for the whole world), the impact of which on proof procedures has not yet been studied much. - increase in cases of abuse by the parties in the course of resolving the dispute and the related need to limit misconduct. - rethinking and expanding the traditional principles for international arbitration, as well as the emergence of interdisciplinary studies that otherwise reveal the meaning of certain types of evidence. The author concludes that the present and future of arbitration depend on the activity of the tribunal and the effectiveness of its procedural decisions, which in turn requires derogation from the concept of deregulation. Deregulation involves the adoption of more acts of soft law on which the tribunal will rely in making a decision. Also, the practice of holding remote hearings will expand, which does not detract from the advantages of traditional hearings and does not indicate that they will outlive themselves as a format. Both formats of the hearing will take their place in the dispute resolution system and will be used depending on the specifics of the case. It should be taken into account that using video communication, the technical side of the proof process (organisation of witness interrogation, the procedure for submission of documents, ensuring the confidentiality of the process) changes, when choosing the format of the hearing format, it becomes especially important for the tribunal to determine how to most effectively build a process of proof. The use of video communication alone does not violate the principle of proper process. The realisation of the right to be heard and the right to equal treatment largely depends on the procedural actions of the tribunal, so technical guidelines and recommendations (as further confirmation of the validity of derogation from the concept of deregulation) should be further developed in arbitration

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