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Truth-Seeking in International Arbitration - Chapter 1 - Search for Truth in Arbitration: Is Finding the Truth what Dispute Resolution is About? - ASA Special Series No. 35

Author(s): 
William W. Park
Page Count: 
38 pages
Media Description: 
PDF from "Search for Truth in Arbitration: Is Finding the Truth what Dispute Resolution is About? - ASA Special Series No. 35"
Published: 
August, 2011
Jurisdictions: 
International
Practice Areas: 
Responsibility of Arbitrators,
Amiable Composition,
International Character of Dispute,
International and Transnational Law,
Time Limit for Rendering Award,
Delivery to the Parties,
Practice & Procedure,
Basic Standards of Due Process,
Discovery,
Evidence
Author Detail: 

William W. Park, Professor of Law, Boston University; General Editor, Arbitration International, Copyright 2009 © William W. Park.

PDF344.52 KB

$40.00
Description: 

Originally from Search for Truth in Arbitration: Is Finding the Truth What Dispute Resolution Is About? - ASA Special Series No. 35

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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.