Arbitrators' Initiatives to Obtain Factual and Legal Evidence

Abstract

Arbitrators generally have wide powers to take initiatives to obtain factual and legal evidence, but rarely are they under a duty to do so. The central concern of the article is to identify factors which arbitrators may refer to in exercising these powers. The principal factors discouraging such initiatives are concern for party autonomy, concern to avoid increase in the duration and costs of the arbitration, concern to avoid the appearance of partiality, and concern not to reduce predictability. The conclusion is that in general arbitrators should refrain from taking such initiatives, absent the presence of specific justificatory factors, which the article also seeks to identify.