Burden of Proof in Arbitration

Burden of Proof in Arbitration

The burden of proof in arbitration refers to the obligation of a party to present sufficient evidence to support their claims or defenses during an arbitration proceeding. In legal contexts, the burden of proof is crucial in determining the outcome of disputes, as it dictates which party is responsible for providing evidence to substantiate their position.

In arbitration, there are typically two key components regarding the burden of proof:

1. Who bears the burden: Generally, the party making a claim (the claimant) carries the initial burden of proof to demonstrate that their assertions are valid. If the claimant successfully meets this burden, the burden may shift to the opposing party (the respondent), who must then refute the claims or provide a defense.

2. Standard of proof: The standard of proof in arbitration can vary depending on the type of arbitration and the governing rules. Common standards include "preponderance of the evidence," which requires that the evidence presented by one party is more convincing than that presented by the other, and "clear and convincing evidence," which necessitates a higher degree of certainty in the evidence that is submitted.

For example, in a commercial arbitration dispute over a breach of contract, the claimant must establish that the breach occurred and that they suffered damages as a result. They must provide documents, witness testimonies, and other relevant evidence to meet their burden of proof. If they successfully do so, the respondent may then be tasked with disproving the breach or offering a legitimate defense, thereby assuming their own burden of proof.