The Role of Time in Allocating the Burden of Proof in Investment Arbitration

Arnaud de Nanteuil

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Chapter 19 The Role of Time in Allocating the Burden of Proof in Investment Arbitration

In: Time and International Adjudication

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Arnaud de Nanteuil

Arnaud de Nanteuil
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Type:: Chapter

Pages:: 375–387

DOI:: https://doi.org/10.1163/9789004716377_021

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A distinction has to be made between the legal burden of proof, which cannot shift from a party to the other, and the evidence burden of proof which simply refers to the ability to bring a given evidence and may, as such, shift between the parties. Yet there is a great uncertainty as to the elements that should be taken into account to determine in a given case whether or not the burden may shift. It is argued that time may prove to be a highly relevant factor which may be helpful for arbitral tribunals. Depending on the circumstances of the case and of the evidence at stake, time may play a role either in favor of evidence burden-shifting or against it.

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Time and International Adjudication

The Temporal Factor in Proceedings before International Courts and Tribunals

E-Book ISBN:: 9789004716377

Publisher:: Brill | Nijhoff

Print Publication Date:: 09 Dec 2024

Subjects
- International Law
  - International Dispute Resolution & Arbitration
  - International Commercial, Trade & Investment Law

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Chapter 19 The Role of Time in Allocating the Burden of Proof in Investment Arbitration

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Time and International Adjudication

The Temporal Factor in Proceedings before International Courts and Tribunals

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