Proof: Investment Arbitration »
Klaus Reichert, Michael Swainston, Edward Ho, Zahra Al-Rikabi, David Heaton
1 This entry provides a detailed account and a critical assessment of the rules and practices governing proof in international investment arbitration. It deals with (a) allocation of the burden of proof and the sometimes shifting onus of proof, and (b) the variable standard of proof required. 2 The analysis is structured as follows: 3 The concept of proof is ultimately concerned with how a tribunal arrives at the factual premises for its decision. Proof is at the heart of the arbitral process, whether in the context of investment arbitration or commercial...
