THE STANDARD OF PROOF IN THE COURT PROCEDURES AND IN THE INTERNATIONAL ARBITRATION PROCEDURE

Arta BILALLI ZENDELI, Arbër ADEMI

Abstract

Due to the different topics and rules, there are many similarities and many differences in the procedures in front of the courts and in front of the international arbitration tribunal. In both of them, there is always a dispute that must be solved. In national courts, the procedure is regulated by national laws and in arbitration tribunal, it is regulated by specific rules (national and international). At the end, it is relevant for both of them, that the court or/ the arbitration tribunal brings a right and fair decision. For realizing their interests and justifying their claims, the parties must bring evidences and prove in front of the court/ the tribunal. Beside that, they are also obliged to convince the court/ the tribunal that their evidences are based and that it must bring a decision in his/her favor. If the party fails to convince the court/ the tribunal, he/she can lose the case. In court procedures, the level of convincement of the judge is called the standard of proof. While there are three main standards in court procedures (the standard of proof in the balance of probabilities and the standard of clear and convincing evidences for civil cases and the standard of proof beyond a reasonable doubt in criminal cases), the theory does not operate with none of them in the arbitration procedure. But, nevertheless, there is also a procedure that takes place and there is a duty in convincing the tribunal in an arbitration procedure. Presenting how are those standards defined and how do they work throughout the procedures is the main objective of this paper.

Pages: 36 - 45