Resumen de Evidence in International Investment Arbitration
Mark W. Friedman, Guilherme Recena Costa
Collecting, presenting, and assessing evidence is at the very core of investor-State disputes. Investment tribunals have developed common practices regarding the taking of evidence that are reasonably well understood by the relevant participants in investor-State disputes. While such practices are welcome and have developed for good reason, tribunals should embrace arbitration’s inherent flexibility to strike an optimal balance between fact-finding accuracy, fairness, and efficiency in each case. They can and should calibrate evidentiary techniques to the specific dispute that is before them.
