Document Type
Article
Publication Date
2010
ISSN
2040-3585
Publisher
Oxford University Press
Language
En-US
Abstract
An arbitrator’s 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 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 an adjudicatory process aimed at discovering the facts, finding the law, and correctly construing contract language.
Recommended Citation
William W. Park,
Arbitrators and Accuracy
,
in
1
Journal of International Dispute Settlement
25
(2010).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/574