The article is devoted to the regulation of arbitration dispute resolution proceedings. This time arbitrages are more and more distributed in law system of the Russian Federation, therefore a theme of this article is actual, theoretically and practically significant. The provisions proved in present article are important for understanding the theory of contemporary non-state justice.
The work is devoted to the analysis of legal regulation of the dis-putes consideration procedure by arbitration courts in the Republic of Tajiki-stan. We comment on the content of the Law of the Republic of Tajikistan “On Arbitration Courts” dated January 5, 2008 no. 344. We provide an item-ized commentary on the provisions of the above-mentioned law, which di-rectly regulates the dispute resolution process by the arbitration court.
Rarely the regulations of international
arbitration contain a rule on the burden of proof.
It is burden that is distributed following the rules
of logic and common sense. In any case it is not
necessary to prove notorious and uncontested
facts.
The burden of proof is held to be satisfied when the
required standard of proof is met. In the European
legal systems the idea of the inner conviction of
the judge or the arbitral tribunal is, in fact, held
to be overcome and, moreover, in some areas a
© Università degli Studi di Roma "La Sapienza" - Piazzale Aldo Moro 5, 00185 Roma
