Fact-Finding in International Arbitration: The Emergence of a Transnational Lex Evidentiae

International Arbitration Law Library #67

About this book:

Fact-Finding in International Arbitration is a first-of-its-kind book analysing the contours of an emerging transnational law of fact-finding that pledges to significantly enhance the efficiency and reliability of the crucial arbitral procedure. Establishing a factual basis for applying the law can be extraordinarily challenging, perhaps more so in international arbitration than in any other proceedings, due to the very different notions of fact-finding that reign among jurisdictions.

What’s in this book:

The author, emphasising bases that manifest current (but fluid) transnational practice, congregates a viable lex evidentiae from a thorough examination and synthesis of the following bodies of source material:

• published arbitration proceedings and awards;
• the general framework of fact-finding issues as provided for under the arbitration acts of England and Wales, the United States, Germany, Brazil, Spain, Switzerland, Austria, and Italy, as well as under the Model Law;
• fact-finding stipulations under UNCITRAL Arbitration Rules as well as under various institutional rules;
• soft law (such as the IBA Rules, Prague Rules, ALI/UNIDROIT Principles of Transnational Civil Procedure);
• best practices as captured by legal commentary; and
• investment arbitration proceedings, where many decisions and awards are publicly available nowadays.

The analysis process fully elaborates a detailed description and analysis of the implication of fact-finding, including gathering facts and evidence.

How this will help you:

Considering that defining the disagreements between the parties and determining the truth is a vital task of international arbitration proceedings, the international arbitration community must be able to count on a robust, consistent, and predictable, albeit flexible and adaptive, set of fact-finding rules. Against this background, the present book furnishes an inventorying of current practices and contributes to fulfilling the need for legal certainty and reliability in international arbitration.