Nezakonito pribavljeni i poverljivi dokazi u arbitraži

Abstract

Subject of this article are illegally obtained and confidential evidence that parties rely on in arbitral proceedings. Although arbitration owes its existence to the agreement of the parties, the question that poses itself is if this agreement allows them to rely on illegally obtained and confidential evidence or is this the place where their autonomy will be limited. Having in mind that there are no strict rules that regulate this topic, in order for us to come to an answer, this article will firstly analyze arbitral decisions. Due attention will also be given to the general principles of the arbitral proceedings that tribunals rely upon. The goal of this article is to prove that these general principles are more than enough and that strict rules in this area of arbitration are not needed. Moreover, legal interest will be best served if we allow arbitrators to base their decisions on the said principles. Lastly, this article will prove that there should be a difference when dealing with illegally obtained and confidential evidence.