International Arbitration ♦ Fall 2025

Blurred Boundaries: Illegally Obtained Evidence and the Future of Admissibility Standards in International Arbitration

Drishya Shetty

This Note examines the complex and evolving issue of whether illegally obtained evidence should be admissible in international arbitration proceedings. While arbitral tribunals are vested with broad discretion over evidentiary matters, there is a lack of a uniform framework to determine the admissibility of evidence procured in violation of law. This Note argues that in the absence of clear institutional or legal guidelines, tribunals must navigate competing values: procedural fairness, the principle of good faith, the integrity of the process, and the truth-seeking function of adjudication.

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