The China International Economic and Trade Arbitration Commission’s (CIETAC) new Evidence Guidelines took effect 1 March. The guidelines looked to the International Bar Association’s (IBA) Rules on the Taking of Evidence in International Arbitration, absorbing its essence while also making innovations. Comparing the two documents may give a better understanding of CIETAC’s guidelines and where Chinese arbitral practice is distinct.
Structurally, the IBA rules provide narrower coverage than the CIETAC guidelines. The IBA rules consist of only two sections: a) evidence collection, submission and exchange, and b) evidence assessment and admissibility.
CIETAC’s guidelines, in turn, are structurally reminiscent of the Supreme People’s Court’s (SPC) Several Regulations on Evidence in Civil Procedure (Provisions of Evidence). The regulations’ basic structure is built in the following order: evidence submission and burden of proof, collection, exchange, and examination and assessment.
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Xu Guojian is an arbitrator at CIETAC. He is also the managing partner of Boss & Young, and vice chairman of the China Society of Private International Law
