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10 July 2020

Illegally Obtained Evidence in International Arbitration: Protecting the Integrity of the Arbitral Process

Nicole S Ng

Published on e-First 10 July 2020

Abstract:
The admissibility of illegally obtained evidence in international arbitration raises competing concerns: the tribunal should seek to form an accurate picture of the material facts, but it should not incentivise illegal activities. In addressing these concerns, some tribunals have offered the rationales of good faith and the equality of arms. These rationales, however, do not fully account for the existing legal principles governing admissibility. This article submits that the rationale of protecting the integrity of the arbitral process best explains the existing principles and helps to shed light on unresolved issues.