TFL Vsebine / Revija Slovenska arbitražna praksa

Since arbitration is a final, binding and enforceable independent determination of a dispute, the primary obligation of an arbitrator is to resolve the dispute in an adjudicatory manner. This involves making determinations of facts under applicable principles of the admission and weighing of evidence, including burdens and standards of proof. The arbitrator undertakes these steps with the ultimate goal to deliver an accurate award, based on a reasonably ascertainable picture of reality. To this end, the parties introduce the facts that are in dispute, the evidence that proves the facts and the legal sources and arguments that shall constitute the basis for the arbitral award – in the best case. But what if a party fails to bring forward facts and/or legal arguments that are prerequisite for making a solid legal decision? What if one of the parties does not participate in the proceedings? How shall the arbitral tribunal proceed if a party does not mention the obvious? What if a party's submission simply does not make any sense?