Reference to The Civil Procedure Law

Apr 20, 2023

Accordingto Article 73 of The Arbitration Law,international arbitration rules may be developed by the China Chamber ofInternational Commerce in accordance with the applicable provisions of The Arbitration Law and The Civil Procedure Law. Therefore, The Civil Procedure Law, its interpretations,and other laws and rules of…

Classification of Evidence

Mar 25, 2023

Types of EvidenceIn accordance with Article 66 of The Civil Procedure Law of the People's Republic of China, evidence includes the following types:(1) statements of the parties;(2) documentary evidence;(3) real evidence;(4) audio-visual materials;(5) electronic data;(6) witness testimony;(7) appraisal opinion; and(8) in…

Burden of Proof in International Arbitration in China

Apr 20, 2023

According to the principle of “The party who makes a claim shall provide evidence to support his claim”, the claimant shall produce evidence in support of his claims and relief sought, and the respondent shall produce evidence in response to the claimant’s claims and in support of his own counterclaim, if any. The ar…

Adduction of Evidence by the Disputing Parties

Apr 20, 2023

Each disputing party shall beobligated to adduce evidence in support of the facts on which their claims,counterclaim, defenses, reliefs sought, opinions, arguments, etc., are basedwithin the time period specified by the arbitral tribunal or the arbitrationrules. The arbitral tribunal may also assign the burden of proof …

Admissibility of Evidence in International Arbitration in China

Apr 20, 2023

Three principles for the admissibility of evidence Evidence submitted must be true, relevant, and valid in order to be admitted as evidence and make sure that the arbitration award is enforceable. Evidence must be verified to be true beforeit is used as the basis for ascertaining the facts in issue. When documents …

Documents as Evidence in International Arbitration in China

Apr 20, 2023

Property as Evidence in International Arbitration in China

Apr 20, 2023

If movable property is used asevidence, the original object must be submitted. But its replica, videomaterials, or other substitute may be provided if the original object isunsuitable for handling or preservation. In such a case, the replica, videomaterials, or other substitute will be subject to inspection to verify th…

Witness's Testimony as Evidence in International Arbitration in China

Apr 20, 2023

A witness's testimony will be determinedthrough a comprehensive analysis of the witness's intelligence, moralcharacter, knowledge, experience, legal awareness, professional skills, andother relevant factors.