Anti-Corruption & Rule of Law + Dispute Resolution and Arbitration A tainted Arbitration: Allegations of fraud and corruption
- Date
- Friday, April 26
- Time
- 14:00-15:30
- Location (Room)
- L'étoile
In the course of an arbitration, it may come to light that criminal offences such as bribery, corruption, fraud and money laundering might have been committed. This may be in the context of the underlying contract being procured by bribery, corruption and/or fraud. Or there may be fraud or corruption of the arbitral process (for instance, fraudulent arbitrations, arbitral awards based on fraudulent evidence, sham arbitrations). What should the counsel and tribunal do in that situation? Is there a duty to investigate in order to ascertain whether these criminal offences have been committed, and if so, what is the applicable standard of proof? Is there a duty to report these criminal offences to the authorities, and if so, which authorities? What are the implications when it comes to the setting aside and/or enforcement proceedings?
The panel will explore these issues around the factual matrix including:
- Contract procured by fraud / corruption
- Fraud / corruption of the arbitral process (fraudulent arbitrations, arbitral awards based on fraudulent evidence, sham arbitrations)
- Implications of (1) and (2) when it comes to setting aside / resisting enforcement
Moderator
Denis Brock
Denis Brock is the Chair of O'Melveny's International Disputes and Arbitration Practice and the regional head of the Asia Litigation Practice. He concentrates his practice on commercial and corporate arbitration, litigation, and regulatory investigations. He is an Advocate in England & Wales and an Advocate in Hong Kong.
Denis is a Fellow of CIArb and is regularly appointed as arbitrator.
Speaker
Susan Munro
Susan Munro is a Registered Foreign Lawyer with K&L Gates Hong Kong and Co-chair of the IPBA Anti-Corruption and Rule of Law Committee. She has practiced for more than 25 years in Hong Kong and mainland China, focusing on anti-corruption investigations and compliance; international regulatory matters, cross border litigation and international arbitration, representing clients and sitting as an arbitrator. Susan speaks, reads and writes Chinese, French and Spanish.
Speaker
Ruzbeh Hosseini
Ruzbeh Hosseini is a partner with Cambridge LLP, a law firm in Toronto, Canada. Ruzbeh practices in the business litigation and cross-border litigation groups. Ruzbeh’s practice is focused on business disputes, including commercial fraud. He regularly acts in multi-jurisdictional disputes and he has 15 years of experience acting for businesses in litigation and arbitral proceedings.
In addition to extensive litigation and arbitral experience, Ruzbeh has completed a gold-standard course for certification as a qualified arbitrator.
Speaker
Swee Yen Koh SC
KOH Swee Yen, Senior Counsel, heads the International Arbitration Practice at WongPartnership. She is presently the Co-Chair of the IPBA Dispute Resolution and Arbitration Committee.
Highly recommended for her expertise in resolving complex, high-value and multi-jurisdictional disputes, Swee Yen has an active practice in both commercial and investment arbitration. She is regarded as the “go-to disputes lawyer in Singapore” for litigation matters.
She is also admitted to the Roll of England & Wales and has rights of audience before the DIFC Courts.
Speaker
Sitpah Selvaratnam
Sitpah Selvaratnam has extensive experience as Presiding Arbitrator, Co-Arbitrator and Sole Arbitrator. She has been appointed in more than 40 disputes, by arbitral institutions, parties and co-arbitrators under the AIAC, SIAC and HKIAC Rules.
Her appointments involve charterparties, shipping and maritime disputes; international trade and commodities disputes; and commercial and contractual disputes.
Ms. Selvaratnam is a Court Member of the ICC International Court of Arbitration. She is also a Court Member of the Permanent Court of Arbitration.
Ms. Selvaratnam holds a LLB (University of Wales), a LLM (University of Cambridge), and a Diploma in International Commercial Arbitration (Chartered Institute of Arbitrators). She practiced as an Advocate & Solicitor in Malaysia for 33 years before becoming an Independent Arbitrator in 2024.
Speaker
Ajay Bhargava
Ajay Bhargava is a Partner in the Dispute Resolution practice group in the Khaitan & Co LLP. In his areas of practice, Ajay has advised and represented matters in Supreme Court, High Courts, Arbitration (International and Domestic), Quasi Judicial Tribunals (National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT) and National Green Tribunal etc.). He advises on Constitutional matters, Civil & Criminal matters, IPR laws, Employment Laws and on corporate – commercial disputes. He also advises on matters before the Police Investigation Wings relating to corporate criminal investigations and quasi criminal prosecutions (white collar crimes). Ajay is often consulted on M&A transactions to provide tactical and advisory support. He advises on preventive measures in commercial contracts.
Ajay has been recognized and awarded Ranked as one of the Recommended and Key Lawyer- Dispute Resolution: Arbitration & Litigation in The Legal 500 Asia Pacific 2024 Rankings. Ajay is one of the India’s most recommended lawyers- Anti-corruption & anti-bribery; arbitration & ADR; bankruptcy & insolvency; litigation in the A-List of India Business Law Journal 2023-2024.
He is also amongst one of the Top Dispute Lawyers in India for 2023 in ALB 2023 Listings and has been ranked as a Leading Lawyer and Distinguished Practioner Dispute Resolution by Asialaw Profiles Leading Lawyers 2023 and by Legal Era Rankings 2023.
Ranked as one of the Asia’s Top 15 Litigators 2022 by Asian Legal Business and has also been recognised for his work and contributions by India Business Law Journal 2022-2023, Benchmark and Chambers & Partners in the Global Rankings 2023.