“Can arbitrators rely on their own internet research in an award?”

This article by Laurence Doering and Eileen Lobig, available on JD Supra, discusses international arbitration cases addressing arbitrators’ ability to conduct their own factual investigations outside the hearing. In particular, the article notes a German court’s recent decision affirming an award over claims that the arbitrators improperly conducted online research.

This decision will surprise United States practitioners and arbitrators, where history and culture emphasize the importance of receiving evidence only within the confines of a hearing where all parties have the opportunity to participate and respond.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s