Title

Truth-Seeking in International Arbitration

Document Type

Book Chapter

Publication Date

2011

Editor(s)

Markus Wirth, Christina Rouvinez & Joachim Knoll

ISBN

9781933833897

Publisher

JurisNet

Language

en-US

Abstract

An arbitrators primary duty remains the delivery of an accurate award, resting on a reasonably ascertainable picture of reality. Litigants wanting only quick or cheap solutions can roll the dice, and have no need of lawyers. Evidentiary tools in arbitration should balance sensitivity toward cost and delay against the parties' interest in due process and correct decisions. If arbitration loses its moorings as a truth-seeking process, nostalgia for a golden age of simplicity will yield to calls for reinvention of a adjudicatory process aimed at discovering the facts, finding the law, and correctly construing contract language.

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