“Arbitration – a liar’s charter”
Chair: Lord Justice Bernard Eder
For the motion: Hilton Mervis (King & Wood Mallesons LLP) and David Lewis QC
Against: Barbara Dohmann QC and Mark Levy (Allen & Overy LLP)
The views advocated by the participants do not necessarily reflect their own personal views. The motion was passed.
An Oxford-style debate with a deliberately provocative heading designed to prompt discussion on the lack of sanctions faced by those who do not tell the truth or destroy evidence in arbitration proceedings. This will be contrasted with the position in High Court proceedings where evidence is routinely given under oath and parties may face contempt of court proceedings. The perception that High Court judges fail in any event to make use of these sanctions makes an interesting recipe for a lively debate.