Summary:
In the ideal world of international arbitration disagreements are resolved expeditiously, cost–efficiently, confidentially, impartially with great expertise and in privacy. This is certainly true in great many cases but the task is getting more difficult in our shrinking world. Hard core laws like e.g. competition laws have penetrated into the peace of inter partes–privacy and cannot be fully ignored. This article attempts to spot the issues of relevance as to criminal laws before international arbitral panel. When are criminal laws relevant? Laws of which country? Which consequences may or should violations of criminal laws have in arbitration if invoked, pending or already finally adjudicated elsewhere?What about criminal offences committed by the parties in the arbitral proceedings by way of submission of false testimony, perjury or forged documents? What about bribery, tax evasion or money laundering? What if the arbitrators are involved in the scheme to defraud or have been bribed? What if the parties have no real dispute but attempt to defraud the public or government? Does the maxim fraus omnia corrumpit apply?While the issues are many the guidance is scarce.
ASA Bulletin