Member

Facing all of this, I am offering a very simple measure, which will show the international community that corruption or fraud in all arbitrations where the seat is England is quite unacceptable. It will not stop corruption in arbitration, but it will place, as it were, a firm flag in the ground. How will it work? What should the arbitral tribunal do? If I was sitting as a chairman of an arbitral tribunal, or as a sole arbitrator, at the commencement of the arbitration—when traditionally the tribunal draws together all the parties and counsels to settle the terms of the proposed arbitration—I would say to the counsel in the hearing and the parties involved in the dispute that there should be no taint of corruption and fraud. I know this from my days as a counsel and solicitor. When a counsel or solicitor takes instruction from a client and prepares witness statements, there is plenty of opportunity to smoke out potential acts of corruption and fraud. I suggest that this should be addressed now and not in some distant opportunity for arbitral reform.