Arbitrators will not hold parties' hands in record disclosure. Instead, parties must assert their access to an opposing party's records clearly and promptly. A party's after-the-fact complaint about poor record disclosure will not be sufficient to set aside an arbitrator's decision because of unfairness, if the record disclosure was incomplete, but uncontested.
Rachel Clarke and Alex Ogilvie discuss the principles and proper approach to record disclosure in their article for ADR Perspectives.
Read the full article here.
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