The Principle of Facticity: Outline for a Theory of Evidence in Arbitration

• 발행기관: 한국중재학회
• 저자명: Octa՛ vio Fragata Martins de Barros
• 간행물 정보: 『중재연구』 제23권 제4호, 77~96쪽, 전체 20쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

International Arbitration has distinguished itself as a method for dispute resolution that pleases both common and civil law practitioners. It, however, is not free of criticism, especially when fact-finding and evidentiary issues are at play. Perhaps because fact-finding is very closely linked to the culture in which they lie, perhaps because of the lack of a clear evidentiary rules governing international arbitration, a theory of evidence in international arbitration is still far fetched. Through the analysis of the distinctions between dispute resolution systems and the search for truth paradigm, this paper aims to develop and present an outline for the development of a theory of evidence in international arbitration.

목차

Ⅰ. Introduction

Ⅱ. The Philosophic Aspect of Proceedings (Judicial and Arbitral)

Ⅲ. What is Truth? – Francis Bacon

Ⅳ. The Truth in Legal Proceedings

Ⅴ. The Arbitrator’s Duty and the Search for the Facts

키워드

Arbitration International Arbitration Evidence, Proof Fact-Finding Function of the Arbitrator Theory of Evidence Facticity Procedural Truth Material Truth Common-Law Civil-Law.