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Can the issue of fraud be determined by an arbitral panel?

Asked by Bright Oleka

1 Answer 0 Comments

Answers (1)

IU

Israel Usman

Sep 10 2021

0 upvotes

Generally, any issue of law or fact not reserved exclusively for determination by a court of law, is arbitrable. And apart from special types of arbitration (such as customary arbitration) if the issue is commercial, it is arbitrable, even if allegation of fraud is involved.

An arbitration is a civil process and not a criminal process. And cannot impose criminal sanction. However, where the alleged criminality is woven into a civil claim, an arbitral panel can determine an issue of criminality in determining the civil claim.

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