Submitting New Evidence after the Cut-Off Date: When Are Exceptional Circumstances Present?

Abstract

Evidence plays a key role in any arbitration; no party will succeed without it. As both parties develop their case, it is common for further evidence to be submitted along the way as the proceedings move forward. However, in order to maintain procedural efficacy, parties should not be allowed to hinder the proceedings by submitting new evidence or facts at an inconveniently late stage when they could and should have submitted it before. 
That is why it is common in arbitration to agree on a cut-off date. A cut-off date is generally defined as a date after which the parties cannot present new facts, arguments or evidence, as the case may be. Its main purpose is to prevent a party from producing such new evidence or facts at a late stage in the proceedings, in a worst-case scenario at the hearing, which could derail the proceedings and harm the other party.