Tipping the Scale to Bring a Balanced Approach: Evidence Disclosure in Chinese International Arbitration

Authors

Bryant Yuan Fu Yang
Diane Chen Dai

Abstract

Due to the ever-increasing trade between China and the rest of the world, commercial disputes have risen dramatically. Many foreign companies choose to resolve these disputes through arbitration to circumvent the Chinese courts and to retain more autonomy and control. Arbitration itself can also be a problem because rules and laws differ, depending on the jurisdiction and the institution involved. Under China’s civil law tradition, arbitrators are restricted in their ability to force parties to disclose evidence that may be detrimental to their case. Additionally, arbitrators have no authority to obtain evidence from uncooperative third parties. This Article seeks to provide some guidance for parties engaged in arbitration proceedings in China.

First Page

41

Recommended Citation

Bryant Y. Yang & Diane C. Dai, Tipping the Scale to Bring a Balanced Approach: Evidence Disclosure in Chinese International Arbitration, 17 Pac. Rim L & Pol'y J. 41 (2008).
Available at: https://digitalcommons.law.uw.edu/wilj/vol17/iss1/3