VLOGA ARBITROV

The Quest for Truth in International Arbitration 

Yoanna Schuch

An arbitrator’s primary duty is the delivery of an accurate award, based on a reasonable ascertainable picture of reality. The parties’ factual and legal pleadings determine the scope of the dispute and the limits upon which the arbitral tribunal is called on to decide. And the arbitrator must ensure to not exceed these limits. However, what if the legal arguments presented by the briefs of the parties are not convincing or plainly wrong? What if one of the parties does not participate in the proceedings? How shall the arbitral tribunal proceed in these cases of insufficient instructions by the parties? Shall it take a passive role by listening to the presented arguments and deciding which of the opposing arguments deserves to win? Or shall the arbitral tribunal take an active role, investigate the relevance and correctness of the produced evidence and develop arguments that were not presented by the parties?