Burden of Proof in International Arbitration
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
determined degree of proof or, even, the mere
preponderance of the probability is considered to
be sufficient.
In some cases the distribution of the burden of proof
in international arbitration depends on previous
agreements entered into by the parties, who can
also limit the admissible pieces of evidence.
Finally, proof is often reached with the intervention
of expert witnesses. In this regard a greater
harmonization or even a uniform regulation