Abstract

Impact of Parallel Criminal Proceedings on Procedure and Evidence in International Arbitration: Selected ICC Cases

José Feris and Stephanie Torkomyan

English

The interaction between criminal and arbitration proceedings is a subject that has gained increased interest over the last decade among the arbitral community. This article will discuss the requests that parties most frequently formulated in the context of ICC Arbitrations, namely requests for a stay of the arbitration and/or requests relating to the use of evidence submitted within, or resulting from, criminal proceedings. An overview of the arbitral practice will show how arbitrators (i) carefully consider the parties’ arguments towards establishing the truth, and (ii) balance the different procedural interests at stake, such as the efficiency of the proceedings, good faith, equality of arms, and relevance of evidence.