Swiss Rules—evidence
Produced in partnership with LALIVE
Swiss Rules—evidence

The following Arbitration practice note produced in partnership with LALIVE provides comprehensive and up to date legal information covering:

  • Swiss Rules—evidence
  • Collection and admissibility of evidence
  • Expert witnesses
  • Party-appointed experts
  • Tribunal-appointed experts
  • Witnesses of fact

CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact. For additional information, see: Coronavirus (COVID-19) and arbitration—overview.

Under the Swiss Rules of International Arbitration (the Swiss Rules), which entered into force on 1 June 2012, the arbitral tribunal is entitled to establish the facts of the case through documentary, witness and expert evidence (arts 15.2, 24 and 25). In addition, at any time during the arbitral proceedings, the tribunal may require the parties to produce documents, exhibits or other evidence (art 24.3).

The tribunal may also inspect goods, other property or documents. In that case, the parties must be given sufficient notice to enable them to be present at such inspection (art 16.3).

The tribunal determines the admissibility, relevance, materiality and weight of the evidence (art 24.2).

Collection and admissibility of evidence

Each party has the burden of proving the facts upon which it relies to support its claim or defence (art 24.1). As a rule, the claimant must annex to its statement of claim all documents and other evidence upon which it relies (art 18.3) and the respondent must annex

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