Richard Garnett (University of Melbourne - Law School) has posted Demystifying the Burden of Proof in International Arbitration (in Franco Ferrari and Friedrich Rosenfeld (eds), Handbook of Evidence in International Commercial Arbitration: Key Issues and Concepts (Wolters Kluwer, 2022) 67) on SSRN. Here is the abstract:
Introduction: As the chapters in this collection attest, evidence is a crucial topic in international arbitration. The outcome of any legal dispute depends mainly on the evidence adduced by the parties in support of their positions with the arbitral tribunal’s role being to assess the evidence and render its conclusions based on the material provided. The burden of proof plays a vital role in assisting the tribunal and the parties by indicating the facts that must be proven by a party to sustain its claim or defence. In certain cases, particularly where limited evidence is available, the burden of proof may even be decisive of the outcome. The nature of the burden of proof, and its relationship with other concepts such as presumptions and adverse inferences, is explored in this chapter.
