Morel de Westgaver Authors Article on Adverse Inferences for ‘Kluwer Arbitration Blog’

August 16, 2017

London Associate Claire Morel de Westgaver authored an article published Aug. 2 on Kluwer Arbitration Blog on adverse inferences in international arbitration. Document production might contribute to the preference of arbitration over litigation, as depending on the legal traditions and expectations of the parties arbitration may offer more limited or broader disclosure than that available in a particular national court. However, it is not rare for a party to fail to produce documents relevant to the case and requested without any valid reason and tribunals tend to be loath to draw adverse inferences from such failure. There is limited oversight on the subject, as most arbitration rules and laws are silent on the tribunals’ power to draw adverse inferences. “Adverse inferences can be a useful tool in filling an evidentiary gap and assisting a party in presenting its case,” Morel de Westgaver wrote. “On the other hand, adverse inferences may bring in the risk of the ensuing award being challenged on that basis.” To read the full article, click here. This article was co-authored with Ellina Zinatullina.