Burden of Proof in International Arbitration in China
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 arbitral tribunal may collect the evidence it deems necessary on its own initiative. In practice, a list of evidence is often required if multiple items of evidence are provided.
Any evidence must be produced at the hearing, and the parties may examine and cross-examine the evidence produced.