Arbitrators and Accuracy

reprinted with Epilogue as Truth-Seeking in International Arbitration, in The Search for “Truth” in Arbitration 1(M. Wirth, C. Rouvinez & J. Knoll, eds., 2011), Association Suisse de l’Arbitrage Special Series No. 35

adapted as Truth and Efficiency in Looking to the Future, Essays in Honor of Michael Reisman 753 (M. Arsanjani, J. Katz Cogan, R. Sloane & S. Wiessner, eds. 2011)

1 J. Int'l Dispute Settlement 25 (2010)

Boston Univ. School of Law, Public Law Research Paper No. 17-31

29 Pages Posted: 19 Aug 2017

See all articles by William W. Park

William W. Park

Boston University - School of Law

Date Written: June 28, 2011

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.

Keywords: Truth-Seeking, Arbitration, International Arbitration, Accuracy, Efficiency

JEL Classification: K33

Suggested Citation

Park, William W., Arbitrators and Accuracy (June 28, 2011). reprinted with Epilogue as Truth-Seeking in International Arbitration, in The Search for “Truth” in Arbitration 1(M. Wirth, C. Rouvinez & J. Knoll, eds., 2011), Association Suisse de l’Arbitrage Special Series No. 35, adapted as Truth and Efficiency in Looking to the Future, Essays in Honor of Michael Reisman 753 (M. Arsanjani, J. Katz Cogan, R. Sloane & S. Wiessner, eds. 2011), 1 J. Int'l Dispute Settlement 25 (2010), Boston Univ. School of Law, Public Law Research Paper No. 17-31, Available at SSRN: https://ssrn.com/abstract=3018773

William W. Park (Contact Author)

Boston University - School of Law ( email )

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