Evidence, fact-finding and experts

This chapter examines three discrete issues of evidence, fact-finding and experts in an attempt to identify commonalities and differences between relevant institutions and concepts as they operate before international courts and tribunals. It shows that a significant degree of commonality exists with regard to issues of proof (related largely to an informal approach to such issues). Similarly, in relation to expert evidence and discovery there has been at once a degree of commonality, as well as procedural innovation. Ultimately, a common feature of international courts and tribunals is highlighted: the flexible nature of the fact-finding regimes. While this offers parties a welcome degree of flexibility, in certain cases the lack of more well-developed provisions is problematic. For this reason, an appeal is made for greater clarification and elaboration of evidentiary rules which would be sensitive to the particular context in which the court or tribunal operates.