“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.