A discussion of how the courts in England and the UAE deal with allegations of fraud, and what practitioners can do.
Issues to be discussed will include:
- Standard of proof (both during arbitration and in setting-aside/enforcement proceedings). “Red flags” v “smoking guns”.
Ethical obligations: when can fraud be pleaded? - Difference between fraud discovered during the arbitration, raised as a ground for setting-aside or as a defence to enforcement
Categories of fraud / illegality - Procedural fraud during the arbitration
- Confidentiality in major arbitrations involving a State
