Principles of Burden and Standards of Proof in Investor-state Arbitration

The discretionary decisions can affect the factual conclusions and hence result in unfairness to one party in a particular case.Understanding that tribunals are always bound to conduct the procedure fairly and within the limits of certain public policy,a careful examination of these principles to ensure the tribunals staying in course should be warranted.The development of evidentiary rules in investor-state arbitration is bifurcated.On the one hand,significant development has been made with respect to the rules of the taking of evidence as a result of the practice of international tribunals and by various codification efforts.On the other hand,lack of systematic and concrete rules binding tribunals on the exercises of determination of facts,allocating burden of proof and weighing of probative value of evidence makes the result of fact-finding unpredictable,inconsistent and sometimes even arbitrary.International tribunals have considerable discretion in dealing with presented evidence by applying the evidentiary rules they consider fit.This article reviews the principles relating to burden and standard of proof as reflected in international investor-state arbitration.Significant divergences can be discerned in practice.However,this author does not believe that introducing specific and binding evidentiary rules is a solution,considering the fundamental differences between arbitration and litigation.What the author advocates is the development of some guideline rules to ensure greater certainty,while preserving the flexibility of the arbitral process.The balance aims to achieve a level of"guided flexibility"to reduce uncertainties in factual decisions and to endow the less-experienced tribunals with some guidance.

Strategies for China’s Response to and Improvement of Third-Party Funding in International Investment Arbitration

China should prioritize the establishment and enhancement of a third-party funding system.It should actively refine the existing arbitration rules,addressing any loopholes in the current regulatory framework.Comprehensive measures should be implemented to regulate third-party funding,aligning with international trends.This is crucial not only to safeguard the foreign investment of the Chinese government and enterprises but also to position China as a globally influential arbitration center.

Review of Arbitral Award of Network Loan and Analysis of Construction of Implementation Review Rules

The network arbitration cases arising from the network lending disputes are pouring into the courts in large numbers.It is reported that the network arbitration system of some arbitration institutions even“can accept more than 10,000 cases every day,”while online lending is booming,it has also caused a lot of contradictions and disputes,and traditional dispute resolution methods have failed to effectively respond to the need for efficient and convenient resolution of online lending disputes.This paper tries to study the arbitral award of online loans and proposes the construction of implementation review rules.

Legal Thoughts onthe Trial Methods of Arbitral Tribunal fromthe Perspective of International Arbitration-Suggestions of RevisionTrends on the Article 3 9 , 40 of Chinese Arbitration Act

中国《仲裁法》颁布二十多年来,从时代演进的角度分析,现行仲裁程序的立法条款对仲裁庭仲裁权的行使已构成桎梏,亟待革新。现行《仲裁法》第3 9 条与第40 条分别是关于仲裁审理方式与仲裁不公开原则的规定,其对书面审理抑或开庭审理方式的设定未能凸显仲裁庭裁量权,而对仲裁保密性的限度未能确立保密义务人的范畴,显得僵化,无益于仲裁的灵活性与自治性优势的发挥.为提升我国仲裁的国际化,相关部门有必要重视仲裁法修订的问题.

Handling Corruption in International Commercial Arbitration

Corruption is defined as abuse of entrusted power for private gain.~①Transparency International Corruption Perceptions Index 2014 shows that among 175 countries/territories in the world,"not one single country gets a perfect score and more than two-thirds score below50,on a scale from 0(highly corrupt)to 100(very clean)".~②The sectors most seriously affected by corruption include public procurement,construction and estate,energy,pharmaceutical and health care,transportation,etc.

A PRIORITY-BASED POLLING SCHEDULING ALGORITHM FOR ARBITRATION POLICY IN NETWORK ON CHIP

A solution is imperatively expected to meet the efficient contention resolution schemes for managing simultaneous access requests to the communication resources on the Network on Chip (NoC). Based on the ideas of conflict-free transmission, priority-based service, and dynamic self-adaptation to loading, this paper presents a novel scheduling algorithm for Medium Access Control (MAC) in NoC with the researches of the communication structure features of 2D mesh. The algorithm gives priority to guarantee the Quality of Service (QoS) for local input port as well as dynamic adjustment of the performance of the other ports along with input load change. The theoretical model of this algorithm is established with Markov chain and probability generating function. Mathematical analysis is made on the mean queue length and the mean inquiry cyclic time of the system. Simulated experiments are conducted to test the accuracy of the model. It turns out that the findings from theoretical analysis correspond well with those from simulated experiments. Further more, the analytical findings of the system performance demonstrate that the algorithm enables effectively strengthen the fairness and stability of data transmissions in NoC.

CHINA'S FOREIGN-RELATED ARBITRATION

Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration Committeeunder the China Council for the Promotionof International Trade to provide the basicprinciples for China’s

On the Eve of the Enforcement of the Arbitration Law——An interview with Xu Dayou, vice-chairman of China Council for the Promotion of International Trade and of the China International Economic and Trade Arbitration Commission

The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council

A Note on Authentication Codes with Arbitration

By use of partially balanced t-designs (v,b, k;λ,0) that is constructed by the rational normal curves given by [5] and the Cartesian product given by [4],an authentication code with arbitration is constructed and its probability of success of attacks by the transmitter, the receiver and the opponent is obtained in this paper.

Promoting the Education of Legal Professionals for International Arbitration in China--The 15th CIETAC Cup Had Record Number of New Participants

On November 20 to 24,2017,the 15th CIETAC CUP International Commercial Arbitration Moot Court Competition,hosted by the China International Economic and Trade Arbitration Commission(CIETAC),was held in Beijing.Wang Chengjie,deputy director and secretary general of CIETAC,noted,during the award ceremony on the evening of

A Study on the Building of an Online Arbitration Mechanism for Settling Trade Disputes Along the Belt and Road

As trade disputes along the Belt and Road keep increasing, how to properly address these disputes has become a focus in the Chinese legal community. At present, when it comes to the settlement of trade disputes along the Belt and Road, both traditional litigation and arbitration are faced with many legal and realistic challenges brought about by the complicated situations along the Belt and Road. Given this, building an online arbitration mechanism for settling trade disputes along the Belt and Road in the context of the Internet economy has been proposed. Traditional litigation is faced with a range of laws from different states, as well as the impact of huge differences in the national political systems, economic strengths and legal cultures regarding specific cases. An online arbitration mechanism may be capable of effectively mitigating the laws of the various states and the impact of the differences between them. Additionally, applying "virtual space" to arbitration is in line with the Internet economy's intrinsic need for higher speed and efficiency. Building an online arbitration mechanism for settling trade disputes along the Belt and Road is also a crucial manifestation of diversifying dispute settlement mechanisms.

Foreign Economic and Trade Arbitration Cases

In the last decade as more and more foreign-related commercial disputes have emerged, the China International Economic and Trade Arbitration Commission and the China Maritime Arbitration Commission have been among the world’s major commercial arbitration centres. They play an independent and fair role in handling cases, and this has recognized worldwide. From this issue, we will introduce some cases handled by the two arbitration commissions to help our readers have a better understanding of China’s foreign arbitration practices and to promote the healthy development of international commercial cooperation.

The Development of Arbitration Cause Should be Marched Forward With Times

It’s a golden season of harvest during which it was a fine autumn weather with the pale clouds and a light breeze blowing in September in Beijing. The China International Economic and Trade Arbitration Commission and China Maritime Arbitration Commission held a forum of arbitrators on 26 to 28 September 2001s dealing with arbitrate work in a beautiful landscape place, Kuan Gou, a suburb in Beijing. Mr. Yu Xiaosong, the Chair- man of China Council for Promotion of International Trade/China Chamber of International Commerce, China Intemational Economic and Trade Arbitration Commission and China Maritime Arbitration Commission, gave a talk at the forum stressed that the development of arbitration cause in China should be marched with ticccccccccmes and adapted to the fast development in the situations both of home and abroad. Mr. Yu Xaosong’s talk put forward a kind of principles for the development of the arbitration cause in China, a part of which, we publish part of it here as a reference for the arbitrate circle colleagues.