Arbitration – An arbitral tribunal cannot make use of their personal knowledge of the facts of the dispute

Arbitration – An arbitral tribunal cannot of course make use of their personal knowledge of the facts of the dispute, which is not a part of the record, to decide the dispute. But an arbitral tribunal can certainly use their expert or technical knowledge or the general knowledge about the particular trade, in deciding a matter – In fact, that is why in many arbitrations, persons with technical knowledge, are appointed as they will be well-versed with the practices and customs in the respective fields –  All that the arbitrators have referred is the market practice – That cannot be considered as using some personal knowledge of facts of a transaction, to decide a dispute.

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2011 PLRonline 0106