Arbitration Rules

Rule 34 Burden of Proof

1. A party shall have the burden of proving its claims. Under one of the following circumstances a party filing a claim may not produce the relevant evidence:

i.Facts that the other party admits;

ii.Facts known to all;

iii.Natural rules and theory;

iv.Facts inferred from the law or known facts;

v.Facts verified by legally effective documents; and

vi.Facts proven by effective notarial documents.

2. Provisions of item ii, iv, v, vi of the preceding paragraph shall apply unless the other party produces contrary evidence which is able to overturn the aforesaid facts.

3. An arbitral tribunal may on its own initiative collect evidence as it considers necessary.

Rule 35 Classification of Evidence

The evidence shall be classified as follows:

i. Documentary evidence;

ii. Physical evidence;

iii. Audioª²video material;

iv. Testimony of witnesses;

v. Statements of the parties;

vi. Appraiser¥“s report; and

vii. Inspection record.

Rule 36 Requirement of Evidence

The parties shall categorize and number the evidence that they produce, note the date on which the evidence is produced, and state the source, objects to be proven and the abstract of the evidence.

Rule 37 Form of Evidence

1. Documentary evidence shall be produced with original copies; whist physical evidence shall be produced with original items. Where it is difficult to produce the original, reproductions, photographs, duplicates, or extracts of the original may be submitted, the sources thereof, however, shall be stated.

2. In the event that a party admits the duplicates and reproductions from the other party, the latter may not be obliged to produce the original copies or items.

Rule 38 Production of Evidence

1. Evidence shall be produced prior to the first oral hearing. Where the arbitration is conducted based on documents only, evidence shall be produced before the period of defense expires.

2. Where the parties are unable to produce evidence within the period specified above with justified reasons, the arbitral tribunal may allow them to produce at the oral hearing or may specify a time period for the parties to produce evidence after the oral hearing. The arbitral tribunal may refuse to accept the evidence produced beyond that period.

3. In the event that a party holding the evidence is proven to refuse to produce that evidence without any justified reasons whereas the other party argues that the content of that evidence shall be unfavorable to the evidence holder, it shall be inferred that the argument is admissible.

Rule 39 Examination of Evidence

1. All evidence shall be exhibited at the oral hearing and examined by the parties. Evidence produced at or after the oral hearing or evidence in cases conducted only on documents shall also be used as the basis of ascertaining facts after the evidence has been served on the other party and a reasonable time period for the party to file its written statement of examining the evidence has been given.

2. Evidence not examined by the parties shall not be used as the basis of ascertaining facts by the arbitral tribunal.

Rule 40 Appraisal of Evidence

1. Where a party applies or both parties apply for appraisal of specific issues of a case and with the consent of the arbitral tribunal, or the arbitral tribunal deems the appraisal necessary, the parties shall jointly appoint or jointly authorize the arbitral tribunal to appoint an appraiser which is in the form of either an institution or a natural person. In the event that the parties are unable to jointly appoint an appraiser, the arbitral tribunal shall make the appointment.

2. After the appraiser¥“s report has been made the arbitral tribunal shall serve it on the parties, who shall give their opinions within a time period specified by the arbitral tribunal. The arbitral tribunal may ask the appraiser to appear at the oral hearing to be questioned if it considers necessary.

3. The parties¥“ request for reª²appraisal shall be at the discretion of the arbitral tribunal.

4. If the arbitral tribunal decides to adopt the appraiser¥“s report, it shall have the report examined. The arbitral tribunal has the power to decide whether or not to adopt the appraiser¥“s report.

5. The soª²called appraisal under these Rules refers to the audit, assessment, advice or inspection done on specified issues or matters by professionals in the form of an institution or a natural person.

Rule 41 Inspection of the Scene

Where it is necessary to inspect the physical evidence or the scene in the course of arbitral proceedings, the arbitral tribunal or its authorized institution shall arrange the work and make a written record of the inspection. The inspector, the parties and other participants shall sign the record.

Rule 42 Preservation of Evidence

1. A party may apply for the preservation of evidence in the event that the evidence may lose or it may become difficult to get later.

2. Should a party apply for the preservation of evidence, the SZAC shall in due time forward the application to the competent People¥“s Court.