Principles of Evidence in Public International Law As Applied by Investor-State Tribunals: Burden and Standards of Proof

In Principles of Evidence in Public International Law as Applied by Investor-State Tribunals, Kabir Duggal and Wendy Cai explore the fundamental principles of evidence and how these principles relate to burden of proof and standard of proof. By tracing the applications of major principles recognized by the International Court of Justice and applied by investor-state tribunal jurisprudence, the authors offer valuable insight into the interpretation, understanding, and nuances of indispensable principles of evidence, an area that has been ignored in both investor-state arbitration and public international law more generally.

Kabir Duggal is a senior associate in Arnold and Porter’s International Arbitration and Public International Law Groups in New York. He is also a Lecturer-in-Law at Columbia Law School and the Managing Editor of the American Review of International Arbitration. He is a graduate of the University of Oxford, NYU School of Law, and is completing his Ph.D. from Leiden. He is the co-author of Evidence in International Investment Arbitration (with F. Sourgens and I. A. Laird, OUP 2018). Wendy Cai recently graduated with a J.D. from Columbia Law School, where she was the student Editor-in-Chief of The American Review of International Arbitration. She started as an Associate at Gibson, Dunn & Crutcher in Fall 2018.