Evidence in arbitration
In arbitration, evidence plays a vital role in establishing the case and is the most important basis for a just and fair award. Facts which are in issue in any legal proceedings are proved by means of evidence. Unlike litigation, there is no extensive rule of evidence in arbitration and the arbitrat...
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| Main Author: | |
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| Format: | Thesis |
| Language: | English |
| Published: |
2010
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| Subjects: | |
| Online Access: | http://eprints.utm.my/id/eprint/33665/4/MalinjaTehSheanEeMFAB2010.pdf |
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| Summary: | In arbitration, evidence plays a vital role in establishing the case and is the most important basis for a just and fair award. Facts which are in issue in any legal proceedings are proved by means of evidence. Unlike litigation, there is no extensive rule of evidence in arbitration and the arbitrator is not bound by the Evidence Act 1950. This does not mean that the arbitrator can conduct the hearing according to their whims or fancy. The exclusion of the Act only means that the arbitrator need not follow the strict rules of evidence which is applied in court but it is subject to the non-violation of the rules of natural justice in the proceeding. However, the breaches of the rules of natural justice may be troublesome. The Arbitration Act 2005 does not clearly define what is meant by natural justice and the grounds that amount to the infringement of the rules natural justice. Thus, this study intends to identify those circumstances. This study is carried out mainly through literature review and documentary analysis of law journals, such as Malayan Law Journal, Singapore Law Report, Building Law Report, etc. Basically, there are seven circumstances that have been identified and it appears to be very valuable and useful to look deeper into this apparent issue as it manages to provide a better guideline for the disputant parties in construction industries for a fair and justice of arbitration proceeding. |
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