Debunking the Myths: International Commercial Arbitration and Section 1782(a)

Abstract

International commercial arbitration continues to be the preferred dispute resolution mechanism for cross-border commercial disputes. Its popularity resides not only in the allure of efficient and flexible proceedings, but in the prospect of having highly qualified and reputable experts decide cases without the danger of national biases. Despite it being a private method of dispute resolution, international arbitration ultimately relies on an intergovernmental legal framework that allows enforcement of arbitral awards in over 150 countries in the world. Yet, arbitrators are constrained in their search for truth; they lack the coercive power to compel parties and non-parties to produce evidence that may be crucial to the outcome of the proceedings.