DISCUSSION ON THE PREDICAMENT AND BREAKTHROUGH OF CHINESE EVIDENCE SYSTEM IN COMMERCIAL ARBITRATION
Journal: Science and world (Vol.3, No. 27)Publication Date: 2015-11-29
Authors : Li Haitao;
Page : 36-40
Keywords : commercial arbitration; evidence system; due process; party autonomy;
Abstract
Evidence system occupies an important role in commercial arbitration. In the Chinese Arbitration Law, there are some imperfect, unscientific and ambiguous provisions on the arbitration evidence system. As a result, application of the evidence system in practice turns out to be litigated beneath the surface of widespread dislocation. Chinese evidence system in arbitration should be established and reformed on the basis of Chinese arbitration practice. While sticking to the basic principles of widely recognized evidence establishment system, it should be gradually improved by virtue of the internationally accepted rules and regulations.
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