When the Walls Come Tumbling Down: Fraud in Adjudication, Arbitration and Mediation

Matthew Molloy

March 2019

A paper presented to the Society of Construction Law at a meeting in London on 4th September 2018

Matthew Molloy writes from his personal experience of disputes in which allegations of fraud or criminal activity were made or implied or where he suspected that fraud or criminal activity was present. The paper examines theconcept of fraud and its impact on adjudication, arbitration and mediation proceedings. It considers the jurisdiction of the arbitrator or adjudicator to deal with fraud, the effect of fraud on an arbitrator or adjudicator's appointment and on the corresponding award or decision and the effect of fraud on a mediated settlement agreement. The paper also looks at issues of evidence and confidentiality in the context of allegations of fraud.

Definitions - The arbitrator or adjudicator's jurisdiction to deal with fraud - Evidential issues and the effect of a finding of fraud within arbitration or adjudication proceedings - The effect of fraud on the arbitrator or adjudicator's appointment - The effect of fraud on the arbitrator's award or adjudicator's decision - The effect of fraud on a mediated settlement agreement - The effect of fraud on confidentiality - Conclusion

The author: Matthew Molloy is a director of MCMS Limited and practises as an arbitrator, adjudicator, expert determiner and mediator.

Text: 10 pages