Common use of Submission of Evidence Clause in Contracts

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.