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ADR Blog

July 22, 2019

My Approach to “Relaxed Rules of Evidence” in Arbitration

Among the oft-cited criticisms of arbitration is the application of “relaxed rules of evidence.” This criticism is generally verbalized in the context of posing a potential obstacle to success. In my 30+ years of arbitrating cases, I have never seen, or heard of, any case being decided on the basis of evidence that would have been inadmissible in court. Furthermore, the “relaxed rules" approach to admissibility of testimony and documents in arbitration is, in my experience, similar to what the …

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