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...
Users without a subscription are not able to see the full
content. Please,
subscribe
or
login
to access all content.