The Indefensible Impacts of Admissibility of Illegally Obtained Evidence in International Arbitration
| dc.contributor.author | MAGAJI W. OWOLABI, KUDIRAT | |
| dc.date.accessioned | 2025-12-08T13:58:54Z | |
| dc.date.available | 2025-12-08T13:58:54Z | |
| dc.date.issued | 2024 | |
| dc.description | None | |
| dc.description.abstract | It is widely recognized that factual evidence holds great importance in international arbitration, as well as in all forms of dispute resolution. Generally, it is understood that a party's claim or defence must be backed by evidence. However, a single set of rules does not govern international arbitration, as the rules can be found in arbitration rules, national laws, or rules of evidence chosen by the parties involved. The various rules related to evidence result in different approaches to contentious issues, such as the admissibility of illegally obtained evidence in international arbitration. This paper aims to examine and analyse the adverse effects of admitting illegally obtained evidence in international arbitration proceedings. It stresses that this practice can have serious consequences and is not justifiable. The paper will utilize a normative juridical approach with descriptive-analytical research specifications. It reveals that such evidence can undermine the fairness and integrity of the arbitration process, which is supposed to be impartial and just. Additionally, the paper finds that allowing illegally obtained evidence can set a dangerous precedent for future cases and promote unethical behaviour. Therefore, this paper proposes handling unlawfully acquired evidence by applying a defined, yet flexible balancing test using criteria commonly applied in international and national practice.. | |
| dc.description.sponsorship | None | |
| dc.identifier.issn | 978 978 59472 8 1 | |
| dc.identifier.uri | https://kwasuspace.kwasu.edu.ng/handle/123456789/6473 | |
| dc.language.iso | en | |
| dc.publisher | KWARA STATE UNIVERSITY | |
| dc.title | The Indefensible Impacts of Admissibility of Illegally Obtained Evidence in International Arbitration | |
| dc.type | Book chapter |