Journal Article

Arbitrators and Accuracy

William W. Park

in Journal of International Dispute Settlement

Volume 1, issue 1, pages 25-53
Published in print February 2010 | ISSN: 2040-3585
Published online January 2010 | e-ISSN: 2040-3593 | DOI: https://dx.doi.org/10.1093/jnlids/idp004
Arbitrators and Accuracy

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  • Arbitration
  • Private International Law and Conflict of Laws
  • Public International Law
  • Settlement of Disputes

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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 towards 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 a clarion call for reinvention of an adjudicatory process aimed at discovering what happened, finding relevant legal norms and properly construing contract language. Though not so jealous as to exclude all rivals, truth does insist on being first among equals.

Journal Article.  17672 words. 

Subjects: Arbitration ; Private International Law and Conflict of Laws ; Public International Law ; Settlement of Disputes

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