Withholding and Forging Evidence in Judicial Review of Arbitral Awards in China

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In this multipart article, the author explains that, in China, when conducting judicial review of domestic arbitral awards based on the ground of withholding or forging evidence, the court will conduct substantive review. The author concludes that, when determining the ground of withholding evidence, the court should not solely assess the materiality of the evidence, but should base its judgment on whether the evidence has in effect caused the unfair adjudication of the case. And when applying the ground of forging evidence, a higher standard of proof should be acknowledged, with the court considering, among other things, the materiality of the evidence, whether the disputed evidence was indeed forged and