Submission of Evidence Clause Samples
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Submission of Evidence. (I) Each party shall bear the burden of proving the facts relied upon to support its claim or defense in the arbitration proceedings.
(II) The arbitral tribunal shall have the power to require the parties to submit their evidence within a specified time limit. The parties shall comply with any such order. The arbitral tribunal shall have the power to decide whether to accept any evidence not submitted within a specified time limit.
(III) If a party having the burden of proof fails to submit evidence within the specified time limit, or if the submitted evidence is insufficient to prove the facts supporting its claim, it shall bear the adverse consequences of such failure.
(IV) Each party shall classify, bind, number, and paginate the evidential materials submitted thereby and state briefly the name, source, content and the relevance of the evidential materials. The evidence list shall be signed, sealed and dated.
(V) Any reproduction, duplicate, counterpart or abridged version of any document or any item produced by one party to another party shall be deemed to be identical to the original copy, unless the other party challenges its authenticity.
(VI) Unless otherwise agreed by the parties, evidence and written documents submitted by the parties in a foreign language shall be accompanied by a Chinese translation. The arbitral tribunal may, if necessary, require the parties to provide a translation of the evidence and of any written documents in another language.
Submission of Evidence. Any condition of this Agreement which requires the submission of evidence of the existence or non-existence of a specified fact or facts implies as a condition the existence or non-existence, as the case may be, of such fact or facts and Lender shall, at all times, be free to independently establish to its reasonable satisfaction such existence or non-existence.
Submission of Evidence. Within thirty (30) days following the date on which the parties shall have received notice of the appointment of the third arbitrator, the parties shall submit to the arbitrator so appointed a full statement of their respective positions and their reasons in support thereof, in writing, with copies delivered to the other party. Upon receipt of such written statement from the other party, the party receiving the same may file with the arbitrators a written rebuttal. Unless requested by the arbitrators, no hearing shall be required in connection with any such arbitration, and the arbitrators may elect to base their decisions on the written material submitted by the parties; provided, however, that the parties shall submit to hearings, and be prepared to provide testimony, by themselves or by witnesses called on their behalf, if so requested by the arbitrators.
Submission of Evidence. Any condition of this Loan Agreement which requires the submission of evidence of the existence or non-existence of a specified fact or facts implies as a condition the existence or non-existence, as the case may be, of such fact or facts and Agent shall, at all times, be free to independently establish to its satisfaction such existence or non-existence.
Submission of Evidence i) Evidence may come in the form of witnesses or documents but first must be judged admissible.
Submission of Evidence. 43 SECTION 9.4 Lender Sole Beneficiary.............................43 SECTION 9.5 Contractors.........................................43 SECTION 9.6
Submission of Evidence. All evidence, arguments, reasons, and documentation supporting a Grievance must be submitted in the course of the formal Grievance process (Steps 1-2) in order to be presented in the course of binding arbitration (Step 4). The Federation shall make a good faith effort to provide all such information at Step 1.