The Guide To Evidence In International Arbitration

Evidentiary Objections

As in state court proceedings, the success of a claim in arbitration proceedings will hinge on the parties' ability to corroborate their claims and allegations with evidence. Generally, the parties involved in an international arbitration are free to submit any evidence they deem fit to prove the relevant facts. The opposing party has the option of providing its own favourable evidence, or it may attempt to weaken the other party's evidence.

Although one option may be to attack the veracity or weight of the opposing party's evidence, another possibility may be to call into question its admissibility by way of evidentiary objections. It then falls within the power of the tribunal to evaluate the evidence,² including its admissibility.³ The rules of admissibility of evidence can be applied to all forms of evidence alike (e.g., documents, witness evidence, expert evidence).⁴