The Admissibility of Evidence in International Commercial Arbitration.

Korte beschrijving

The main aim of the thesis is to reveal, analyse and critically evaluate the status quo of admissibility of evidence in international commercial arbitration. The status quo can be characterised by three widely held opinions: 1) the admissibility of evidence plays a minor role in international commercial arbitration proceedings; 2) arbitral tribunals tend to take a liberal approach towards the application of the admissibility rules. In other words, arbitrators admit almost any evidence submitted by the parties; 3) in the absence of an agreement to the contrary by the parties, the admissibility of evidence is left to the broad discretion of arbitral tribunals. The dissertation not only reveals and evaluates these three approaches, but also identifies their fundamental shortcomings and proposes specific ways in which the status quo of admissibility of evidence in international commercial arbitration could be improved.