Burden of Proof in International Arbitration

Rarely the regulations of international arbitration contain a rule on the burden of proof. It is burden that is distributed following the rules of logic and common sense. In any case it is not necessary to prove notorious and uncontested facts. The burden of proof is held to be satisfied when the required standard of proof is met. In the European legal systems the idea of the inner conviction of the judge or the arbitral tribunal is, in fact, held to be overcome and, moreover, in some areas a determined degree of proof or, even, the mere preponderance of the probability is considered to be sufficient. In some cases the distribution of the burden of proof in international arbitration depends on previous agreements entered into by the parties, who can also limit the admissible pieces of evidence. Finally, proof is often reached with the intervention of expert witnesses. In this regard a greater harmonization or even a uniform regulation