Les Preuves dans l'arbitrage international

Abstract : The arbitration is a method of resolving disputes through an arbitration tribunal composed of one or several arbitrators. He allows resolving a dispute under a sentence delivered after an arbitration procedure in which all parties have to prove what they adduce to convince the tribunal. It is by using various modes of proof inspired specially from the system of Common Law and the system of Civil Law that parties can achieve this purpose.On the other hand, because the international arbitration has neither a territory nor legislation, it was created a system which combines between best practices of Common Law and Civil Law. So, the written evidence is produced according to the practice of Civil Law which gives primacy to a proof written in advance. But for the oral testimony, it is the common Law which dominates the administration of this proof by giving parties the right to nominate and interrogate witnesses. This is also what happens when arbitrators decide to use an expertise in which the parties have the power to nominate experts and interrogate them as witnesses. So, the evidence in international arbitration can be divided into written evidence made up by the writing on paper medium and electronic medium and oral evidence formed by proof by witness and proof by expertise.
Document type :
Theses
Complete list of metadatas

Cited literature [165 references]  Display  Hide  Download

https://tel.archives-ouvertes.fr/tel-00869967
Contributor : Abes Star <>
Submitted on : Thursday, November 27, 2014 - 6:10:24 PM
Last modification on : Thursday, May 3, 2018 - 3:18:05 PM
Long-term archiving on : Monday, March 2, 2015 - 9:28:35 AM

File

36237_RICHANI_2013_archivage.p...
Version validated by the jury (STAR)

Identifiers

  • HAL Id : tel-00869967, version 1

Collections

Citation

Joseph Richani. Les Preuves dans l'arbitrage international. Droit. Université de Cergy Pontoise, 2013. Français. ⟨NNT : 2013CERG0622⟩. ⟨tel-00869967⟩

Share

Metrics

Record views

1100

Files downloads

6535