A comparative study of the proofs of litigation in domestic and international arbitration and its comparison with the proofs of litigation in civil law

Today, arbitration has become the main and most important mechanism for resolving disputes in business relations. In addition to the fact that proofs of litigation are presented in courts, this importance has been given importance in domestic and international arbitration as well, with the difference that proofs of litigation in civil law are subject to court procedures and regulations, but in arbitration Domestic and international proofs of litigation will be easier and more efficient for the parties. Because the burden of proving and presenting evidence in arbitration is the same for the litigants, while in court, the process is often not like this. The obtained results indicated that the legislator has clearly defined the duty of the litigants and the judge in the civil law both in the procedure and in the rules of proving the claim; However, in the arbitration rules, a brief reference has been made to the reasons and methods of its evaluation, as well as the consensual nature of arbitration and its reliance on the agreement of the parties; This issue has made the proof of the lawsuit ambiguous in terms of court supervision.