Some Normative Inferences about Inferences in International Arbitration - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View Some Normative Inferences about Inferences in International Arbitration by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management Some Normative Inferences about Inferences in International Arbitration 91 4

Logic-based adverse inferences are an essential element of legal adjudication. To utilize them fairly in response to issues such as failure to produce documents or witnesses, tribunals would need to ensure that they stem from an impeccable procedural process and logical analysis. The logical basis is strongest when there is no other reasonable inference than that the evidence, if produced, would be adverse. The procedural and evidentiary challenges make it unrealistic to see adverse inferences or striking out powers as a systemic way to incentivize production.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management