Misdeeds, Wrongful Conduct and Illegality in Arbitral Proceedings
Article from: OGEL 5 (2003), in Corruption
Our topic of discussion is wrongful conduct by an arbitrator, a witness or a party to an arbitral proceeding. These misdeeds are generally intended to affect the course of the proceedings or the decision of the arbitral panel. Depending upon the seriousness of the misdeed, it may be illegal, subject to criminal prosecution, give rise to civil liability, or amount to fraud, corruption or violation of public policy. Strangely enough, very little has been written on the topic. Case law is relatively scarce, except in the United States; and in most cases the misdeeds have been raised ...