Investigating the Value of Site Visits in Inter-State Arbitration and Adjudication

Abstract

Site visits by the bench occur rarely in inter-state adjudication and arbitration. Against this backdrop, the recent site visits in Indus Waters Kishenganga Arbitration (Pakistan v. India) and Bay of Bengal Maritime Boundary Arbitration (Bangladesh v. India) are noteworthy and raise questions about how on-site inspections influence the decision making process and whether site visits are an underused fact-finding tool. An analysis of these site visits, as well as past examples of site visits by arbitral tribunals and the International Court of Justice, reveal that the utility and value of site visits by the bench is difficult to ascertain, and there is little evidence that site visits have played a dispositive role. Moreover, in many disputes, other fact-finding methods may be more suitable than a site visit. But if site visits do, in fact, play a significant role in decision-making, then adjudicators should acknowledge that influence in a more transparent manner.