Commentary

57.9 Award obtained by fraud or award (or the way in which it was procured) being contrary to public policy

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

57.9 Award obtained by fraud or award (or the way in which it was procured) being contrary to public policy

| Commentary

57.9 Award obtained by fraud or award (or the way in which it was procured) being contrary to public policy1

For a party successfully to challenge an award under this head on the basis of fraud, it must show that the fraud was deliberately committed either by a party to the arbitration2 or by another person with whom a party to the arbitration has privity of interest3. The ambit of this head does not extend to fraud committed by ‘anyone that was involved in the arbitral process’, for example a witness, in circumstances where that person acted without the knowledge

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