The Concept of the Evidentiary Process in Arbitration Proceedings: Theoretical Aspects

The article is devoted to the analysis of the modern process of evidence in arbitration proceedings. Legislation in this area, as well as the practice of law enforcement, has been actively developing in recent years. In the light of the recognition of the admissibility of the use of electronic evidence for the purpose of proof, many controversial issues arise, including those related to the provision of evidence, as well as confirmation of its admissibility. Due to the fact that the legal doctrine in this area is not yet sufficiently developed, the legal norms have not been improved to the extent that they do not pose problems for law enforcement. The present study focuses on these problems, as well as on the transformation of the approach to the construction of evidence in general, including the role of the court and other persons not directly involved in the consideration of the case, in proving, determining evidence, establishing its admissibility. The results of the research are conclusions on the directions of development of evidence in arbitration proceedings in general, as well as in relation to certain types of evidence.