The existence of evidence found to be illicit in an arbitration procedure raises profound and prickly issues which muster different views and responses from different practitioners, both conceptually and pragmatically. This essay provides views as to how to handle four issues: admissibility, substantive impact, evidentiary threshold and use as part of the reasons for the award. In doing so, it wishes to commence a dialogue on the subject, given its sensitivity.
Iurgium [previously Spain Arbitration Review]