Kluwer: Arbitrators: Umpires or Epistemic Fact-Checkers?

Published on May 20, 2026

The long debates about the pros and cons of party-appointed arbitrators, as opposed to the institutions appointing all three arbitrators, have missed a far more important distinction which bears on a tribunalโ€™s effectiveness to decide a case in a fair manner: how arbitrators see their role in determining the facts of the case.