Rules of conduct and standards of proof in the arbitration process. Bychkov A.I.

The Arbitration Procedure Code of the Russian Federation contains a set of rules that regulate the process of sending justice for economic disputes, including certain categories of court cases and the features of their consideration in various instances and in different procedures.

from the participants in the trial, the procedural law It requires reasonable and conscientious exercise of procedural rights and obligations, mentioning only in the most general form about the consequences of violation of this requirement. Meanwhile, issues related to the passive, contradictory and inconsistent procedural behavior of the parties (“Venire Contra Factum Proprium”), as well as the silence of the circumstances of the dispute, are of important practical importance. The ability to respond to it quickly, turning the tricks and oversights of the procedural opponent in his favor, will help the participant in the trial to achieve the best result for himself.

equally to strengthen the legal position in the case, strengthening his shaky position caused by lack of evidence, Practical knowledge will help him about what standards of proof in different categories of cases are currently used by arbitration courts.

in this book, based on a significant array of the current judicial practice, we decided to analyze the main types of unfair procedural behavior of the parties, and also consider the existing standards of proof: ordinary (probability balance or reasonable degree of reliability), reduced (the minimum necessary degree of reliability), increased (clear and convincing evidence) and the highest (reliability outside of reasonable doubts).