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PRESENTING, TAKING AND EVALUATING EVIDENCE IN INTERNATIONAL ARBITRATION: A CRITICAL ANALYSIS

The continued growth of international commerce has led to the wider acceptance and growth of international arbitration as a means of settling disputes between businessmen. This has been attributed to its nature of being private, consensual, speedy, informal, and non-judicial. The success or otherwise of a party’s case before any National Court or tribunal will largely depend on the quality of and presentation of evidence. Equally, the importance and premium of evidence to the determination of a dispute in international arbitration cannot be overstated, as probably, a majority of international arbitrations turn on the facts, rather than the application of the law. There is however no empirical evidence to support this position as it is almost impossible to collate reliable data. It therefore implies that fact finding is an exercise which the tribunal takes seriously.

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