Evidence in International Investment Arbitration

Abstract This book is a guide for practitioners representing a party in investment arbitration disputes, and offers academics a perspective on the practical elements affecting the treatment of evidence in the area. The book uses a comparative approach to demonstrate the points of commonality and uniformity in the transnational foundations of the law of evidence as it affects international investment arbitration, providing theoretical and practical guidance on the treatment of evidence at all stages of such disputes. It examines the rules of evidence as recognized in the traditional rules of international law; the theory and function of international investment law dispute resolution against which the role of evidence must be assessed; practical management of the evidence-gathering process in investment arbitration disputes; and what to anticipate as challenges in the gathering and pleading of evidence in these disputes. The chapters cover a broad range of evidence-based topics, including: the burden and standard of proof, presumptions and inferences, witness and expert evidence, exclusionary rules including privileged and confidential documents, and annulment.