Introduction: The concept of arbitration has evolved tremendously from a last resort mechanism for settlement of disputes to a more preferred means of dispute resolution. It can be said to be the singular most important mechanism for resolving commercial disputes from around the 1970s.
It exploded in recent years as an attractive alternative solution for the settlement of disputes especially within the business community and between States. It is, without comparison the most preferred dispute resolution option for trans-border commercial transactions due to the fact that its characteristic features make it attractive to corporations with its best assets being privacy and flexibility and global recognition of awards
The very basic rules of evidence are those principles providing the definition of due process generally in international arbitration, which includes a party’s right to equal treatment and an opportunity to be heard1. These rules have a direct connection to the administration of evidence. It is clear that a party who is not afforded a fair opportunity to present its evidence will not have been afforded due process.
Arbitration is increasingly the preferred dispute resolution route in international commercial contracts. Amongst other benefits, arbitration provides the privacy that commercial parties often seek when resolving disputes and, whereas difficulties may be encountered when attempting to enforce national court judgments in other jurisdictions.