Evidence guidelines a new move for CIETAC

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The China International Economic and Trade Arbitration Commission (CIETAC) adopted its Guidelines on Evidence in order to assist parties, their counsel and arbitral tribunals in dealing with issues of evidence more efficiently in arbitration proceedings.

CIETAC_pictureThe guidelines were drafted in accordance with the Arbitration Law, the CIETAC Arbitration Rules, CIETAC’s arbitral practice, and with appropriate reference to the International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration as well as Chinese principles of evidence in civil litigation suitable for use in arbitration. The guidelines were passed by the Chairmen’s Council on 26 September 2014 and took effect on 1 March this year.

Importance of evidence

Evidence is crucial in arbitration. It serves as the basis by which arbitral tribunals ascertain facts, distinguish between right and wrong and make fair judgments. Since arbitration is a separate dispute resolution mechanism from litigation, applying evidentiary rules for litigation directly to arbitration does not suit the requirements and peculiarities of arbitration. Moreover, it may lead to litigation-esque arbitration, in which case arbitration may lose its unique advantage and appeal, as well as its healthy development as a whole.

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Li Hu is vice president of the Arbitration Court of CIETAC

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