在国际投资仲裁中,当事方尤其是东道国可能实施威胁证人或专家证人、拒绝披露证据等证明妨害行为。关于证明妨害,投资协定或仲裁规则缺乏具体规定。不过,仲裁庭享有依据案情采取救济措施的固有权力。仲裁庭可以自行或依据申请采取包括进行不利推定、临时措施、费用分配等救济措施。 In international investment arbitration, parties, especially host countries, may threaten witnesses or expert witnesses, refuse to disclose evidence, etc. to prove that the obstruction has occurred. With regard to demonstrating prejudice, lack of specific provisions in investment agreements or arbitration rules. However, the arbitral tribunal has the inherent power to take relief measures on the merits. The arbitration tribunal may take remedial measures including unfavorable presumptions, interim measures and expenses distribution on its own or on its application.