한국중재학회지:중재연구 (Journal of Arbitration Studies)
- 제23권4호
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- Pages.77-96
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- 2013
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- 1226-3699(pISSN)
The Principle of Facticity: Outline for a Theory of Evidence in Arbitration
- de Barros, Octavio Fragata Martins (Universidade do Estado do Rio de Janeiro)
- 투고 : 2013.11.04
- 심사 : 2013.11.29
- 발행 : 2013.12.02
초록
International Arbitration has distinguished itself as a method for dispute resolution that pleases both common and civil law practitioners. It, however, is not free of criticism, especially when fact-finding and evidentiary issues are at play. Perhaps because fact-finding is very closely linked to the culture in which they lie, perhaps because of the lack of a clear evidentiary rules governing international arbitration, a theory of evidence in international arbitration is still far fetched. Through the analysis of the distinctions between dispute resolution systems and the search for truth paradigm, this paper aims to develop and present an outline for the development of a theory of evidence in international arbitration.
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