ABSTRACT
Fresh Evidence Available after the Award or Determination It is rare, but not unknown, that one party may unearth fresh EVIDENCE apparently vital to their case after the end of the relevant hearing, but before the publication of the award. In that event the party who has discovered the evidence should apply to the arbitrator for an opportunity to put that evidence before the arbitrator (the same would apply to an independent expert). The arbitrator (or expert) should then notify the other side as to the request. Where the other side does not concur with the reception of any fresh evidence then the arbitrator (or expert) should call an early meeting of the parties' representatives to hear argument from both sides upon the matter. The arbitrator should only consider allowing such evidence to be put forward where:
reasonable professional men or women would take to ascertain the aforementioned evidence.
