Electronic Data as Evidence in International Arbitration in China

Apr 20, 2023

If electronic data is used asevidence, the original data must be submitted. And a copy made by the producerof the electronic data that is consistent with the original, or a printed copyor other displayable and identifiable output media that is directly derivedfrom the electronic data, shall be deemed an original of the …
     

Refusal to Surrender Evidence

Apr 18, 2023

Whether in litigation or arbitration,either party may request the other party to surrender any evidence that isunder the control of the opposite party, and the opposite party is obliged tosurrender such evidence.If the other party who controls theevidence refuses to surrender, the requesting party may submit a petition …
     

Appraisal of Evidence in International Arbitration in China

Apr 20, 2023

Where the arbitral tribunal deems it necessary to have a specialized issue appraised, it may submit the issue for appraisal by an appraisal entity agreed upon by the parties or designated by the arbitral tribunal.At the request of either party or the arbitral tribunal, the appraisal entity shall designate an appraiser t…
     

Collection of Evidence by the Tribunal Through Investigations

Apr 20, 2023

Where it deems it necessary, thearbitral tribunal may decide to collect evidence through investigations on itsown initiative or at the request of a disputing party. When the arbitral tribunal collectsevidence through investigations, it shall/may notify the disputing parties tobe present at the site where necessary. Eith…
     

Certification and Translation

Apr 07, 2023

If a party to an arbitration case in the PRC is a foreignindividual or entity without a domicile in the PRC, he must have his IDcertificate or business license, power of attorney, and other necessarycertificates and documents notarized by a notary office in the country wherethe he is located and authenticated by the emb…
     

Estoppel

Apr 20, 2023

Generally, the parties are barred from making statements which disagree with the facts or evidence that are admitted during the preparatory stage before the hearing. If such a statement is made, the party will be ordered to explain the reasons, and if necessary, to provide appropriate evidence. The disagreeing statement…
     

Certain Evidence May Not Be Used as the Sole Basis

Apr 20, 2023

The following evidence may not be used as the sole basis for ascertaining the facts of a case:(1) statements of the parties;(2) testimony of a person without capacity or with limited capacity for civil acts that is not commensurate with his age, intelligence, or mental conditions;(3) testimony of a witness who is an int…
     

Expert’s Opinion and Appraiser’s Report in Internationa Arbitration

Apr 25, 2023

The arbitral tribunal may consult anexpert on a fact in issue of the case that requires professional knowledge orexperience. Where it deems it necessary, an appraiser may be appointed toconduct an appraisal and submit an appraiser’s report.Either disputing party, or bothdisputing parties jointly, may submit a request f…
     
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Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…
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