Truths in Translation
This Article argues that this state of affairs requires us fundamentally to re-think how factfinding processes must work. It argues that existing global factfinding processes can be redeemed if they do not assume that facts can be constructed out of a single narrative. Instead, it submits that factfinding must actively translate between narratives of the parties affected by the dispute. This reconstruction of the factfinding process relies upon the principle of good faith. This principle requires, in broad contours, that parties act with other regard. This Article applies this principle to the factfinding process itself by requiring that facts are established with other regard, that is with due respect to the respective narratives through which the parties encounter the dispute.
Recommended Citation: Frédéric Gilles Sourgens, Truths in Translation, 44 Fordham Int'l L.J. 101 (2020).