Volume 7 (2010) / Issue 25
ABSTRACT: Since the factual matter have to be duly evidenced to allow the Arbitral Tribunal to take any facts into account, the article focuses, from a practical standpoint, on the production of evidence by any means provided by law. Although the observations are valid to both domestic and international arbitrations, the main purpose of the article is to incorporate into the domestic arbitral arena certain concepts usually utilized in international arbitratios. The article analyzes those aspects that have already been absorbed by domestic arbitration, but bring into discussion those other that deserve to be discussed until such time may be used since, in all cases, the main concern is to secure effectiveness of the evidentiary phase of the proceedings and, generally, to save time and costs related to arbitral proceedings.
All rights reserved