Evidence in International Arbitration: Criteria for Admission and Evaluation

Abstract

Though arbitral tribunals both ad hoc and institutional regularly consider evidentiary questions, especially those concerning relevance, reliability and the distinction between admissibility (in the broad sense) and evidentiary weight, a degree of confusion in the application of those criteria still exists. This article aims to assist in distinguishing what, from the assessment of evidential value or weight, is required for admissibility, an issue to be decided at the end of the proceedings in light of all of the evidence.