International fraud disputes: opportunities and challenges for arbitration

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This panel discussion will examine how international arbitration can effectively address complex fraud disputes while safeguarding fairness, efficiency, and enforceability. Drawing on recent trends in anti-corruption enforcement and arbitral practice, the discussion will explore evidentiary approaches to “red flags” of fraud, the standard and burden of proof for serious allegations, and the use of adverse inferences and tribunal-appointed experts. It will consider how flexible procedural tools - targeted document production, bifurcation, confidentiality measures for whistleblowers, and cybersecurity protocols - can be calibrated to the distinctive dynamics of fraud. The panel will also analyse conflicts-of-laws challenges in international fraud claims, as well as the role of transnational public policy and public-policy defences at the enforcement stage.