Adduction of Evidence by the Disputing Parties

Each disputing party shall be obligated to adduce evidence in support of the facts on which their claims, counterclaim, defenses, reliefs sought, opinions, arguments, etc., are based within the time period specified by the arbitral tribunal or the arbitration rules. The arbitral tribunal may also assign the burden of proof between the disputing parties.

Any evidence submitted by a disputing party beyond the specified time period may be rejected unless agreed by the other party or approved by the arbitral tribunal with good cause shown. Where it is infeasible for a party to collect evidence within the specified time period, he may file a request for extension before the expiration of the specified time period. Such a request shall be subject to approval of the arbitral tribunal.

If a party intends to introduce a witness to testify in tribunal, the written request for adduction of evidence shall contain the identity information of the witness, the witness’s statement, and the language to be used by the witness.

If a party fails to adduce evidence within the specified time period or the evidence adduced is insufficient to prove the facts as the basis of his claims, counterclaim, defenses, reliefs sought, opinions, arguments, etc., such party will bear the adverse consequences of such failure.

Where the disputing parties agree otherwise on issues relating to evidence or the burden of proof, such an agreement shall prevail unless it is inoperative.