Due Process and Rules of Evidence in International Commercial Arbitration

The dissertation aims to examine how due process guarantees can be carefully calibrated as to comply with the more flexible and private nature of international commercial arbitration. By striking a balance between the scope of these procedural guarantees and the exercise of arbitral discretion, the discussion will show that the parties’ rights to be heard and to be treated equally, which constitute the essence of due process, are not unrelated to the hallmarks of arbitration – these being speediness, flexibility and efficiency. On the contrary, such procedural guarantees are deemed to strengthen the growth and acceptance of arbitration as an alternative method of dispute resolution, as long as these rules are tailored to the proceeding and reasonably applied.