Burden of Proof in Investment Treaty Arbitration: Shifting?
Article from: TDM 2 (2020), in Roundup of Articles
In the recent past, C. F. Amerasinghe, a prominent Professor and expert in the field of international litigation, warned: "It is not the formal position of the parties that necessarily determines the burden of proof. It is rather what the law requires to be proved that will ultimately determine who must prove it." On his part, more than three decades ago, the late Durward Sandifer was extremely reluctant towards recognizing the existence of presumptions at the level of international law. In particular, he cautioned: "It [the law of presumptions] is ...