The Interplay Between the Post-award and the Pre-award Regimes with Respect to a Tribunal’s Treatment of Evidentiary Issues
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Description
It is a truism that the post-award regime has significant spillover effects in the pre-award phase. The explanation for these spillover effects is simple: Arbitrators are strongly motivated to render arbitral awards that are neither set aside nor refused recognition and enforcement. Under certain rules, arbitrators might even have a best-efforts obligation to render such awards. In order to comply with this obligation, arbitrators generally anticipate at the pre-award stage potential pitfalls that may arise at the post-award stage. Against this backdrop, the present chapter examines the interplay between the post-award and the pre-award regimes with respect to how arbitrators approach evidentiary issues. §3.02 shows that a tribunal’s treatment of evidentiary issues may exceptionally constitute a ground for post-award relief. §3.03 examines the conclusions that can be drawn from this for the pre-award stage. §3.04 concludes.
Source Publication
Handbook of Evidence in International Commercial Arbitration: Key Issues and Concepts
Source Editors/Authors
Franco Ferrari, Friedrich Rosenfeld
Publication Date
2022
Recommended Citation
Ferrari, Franco and Rosenfeld, Friedrich, "The Interplay Between the Post-award and the Pre-award Regimes with Respect to a Tribunal’s Treatment of Evidentiary Issues" (2022). Faculty Chapters. 551.
https://gretchen.law.nyu.edu/fac-chapt/551
