Introducing Non-legal Adjudicators as a Counterbalanced Measure for Non-appearance in Inter-State Adjudication and Arbitration
Article from: TDM 2 (2017), in Non-Legal Adjudicators in National and International Disputes
Non-appearance, which is not uncommon in the practice of inter-State adjudication and arbitration, adds significant difficulties to fact-finding. International adjudicators face a special duty of fact-finding in these cases. Unfortunately, adjudicators tend to adopt a reactive attitude towards fact-finding. As a result, the cases of non-appearance requires a proactive measure to ensure factual accuracy. This article investigates the practice of introducing external experts into these cases as a possible solution, and concludes that this practice is subject to the risks of fraud and ...