Review article
New Facts and Evidence in the Process of Judicial Control of Arbitral Decisions
Vladimir Pavić
; Faculty of Law, University of Belgrade, Belgrade, Serbia
Abstract
Litigation strives toward efficiency by introducing inter alia restrictions on introducing new facts and evidence once the judgment has been rendered. Such new facts and evidence are impermissible, save in the presence of exceptional circumstances expressly provided in law. Arbitration proceedings are geared toward efficiency at least as much as litigation. However, legislation governing arbitration and international conventions seldom – if ever – contain rules on admissibility of new facts and evidence in the setting aside and recognition proceedings. This paper attempts to flesh out possible approaches to constraining of beneficium novorum in those proceedings. There is a number of conceivable solutions, such as analogous application of the rules applicable in the context of domestic legal remedies in civil proceedings (both ‘ordinary’ and ‘extraordinary’ remedies), alternative (sui generis) solutions, etc.
Keywords
arbitration; new facts; new evidence; beneficium novorum; annulment; recognition; enforcement
Hrčak ID:
109731
URI
Publication date:
15.7.2013.
Visits: 2.345 *