Proof: Investment Arbitration
Klaus Reichert, Michael Swainston, Edward Ho, Zahra Al-Rikabi, David Heaton
- Burden of proof — Production of documents — Standard of proof — Burden of proof (and jurisdiction) — Discounted cash flow (DCF), anticipated future profits — Corruption claim
Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.
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...