Evidence is crucial for finding facts in any case. Considering the finality of arbitration cases, parties need to pay more attention to adverse consequences caused by the inability to provide evidence.
In a recent construction case administered by the Beijing Arbitration Commission (BAC), the parties agreed in the contract that the developer was responsible for getting the approval certification for the project’s fire-fighting design work, and the contractor would commence the project only after such certification was secured.
The developer got approval from the Fire Prevention Department before the agreed deadline, however it did not demonstrate the official approval certification to the contractor.
The contractor then claimed that the fire-fighting design approval process was not completed, therefore it could not commence the project because the terms and conditions set forth in the contract were not met. The developer demanded that the contractor commence the project several times, without success.
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Lin Xiaolu is a case manager at BAC
