Fraud in Arbitration: Evidence, Timing and Enforcement

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Fraud allegations can transform the course of an arbitration, but the legal response often depends on when the issue emerges. This panel will explore how fraud affects proceedings when it is discovered at different stages of the arbitral process.

Our speakers will examine three key scenarios: fraud uncovered during an arbitration, fraud raised as a ground to challenge an award, and fraud invoked at the enforcement stage. The discussion will consider how tribunals and courts respond in each situation and whether timing alters the available remedies.

The panel will also address the evidential threshold for proving fraud in arbitration. When is it appropriate to allege fraud, how high is the bar, and how can such allegations shift the dynamics of disclosure, costs and case management.

Finally, the discussion will consider the tension between arbitral confidentiality and the public interest, particularly in high-value cross border disputes involving states or matters of significant public concern.

Bringing together practitioners experienced in complex disputes and asset recovery, the session will offer practical insights into how fraud allegations reshape arbitration strategy and outcomes.