Rules of Evidence in International Arbitration

Page 279


Disclosure and admissibility of evidence


9.01 . It is well accepted that international arbitrators tend to exercise a certain liberality towards the admittance of evidence. This principle has at times been carried to an extreme, insofar as there are historical examples where arbitrators were prohibited from excluding any evidence from consideration, as was the case of the Italian-Venezuelan Mixed Claims Commission of 1903:

The commissioners shall be bound before reaching a decision, to receive and carefully examine all evidence presented to them by the Government of Venezuela and the Royal Italian Legation at Caracas, as well as oral or written arguments submitted by the agent of the Government or of the Legation.1

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