Klaus Reichert calls for debate on standard of proof for fraud and illegality

The inaugural Young ICCA Peace Palace Lunchtime Seminar kicked off on 20 January 2012 with an impassioned plea from Klaus Reichert SC for a debate on the appropriate standard of proof in making allegations of fraud and criminal conduct in investor-State arbitration. Speaking in the context of a seminar on “Proving one's case in international arbitration”, Mr. Reichert argued that there is no settled position as regards the standard of pleading and proof required in making an allegation of fraud or criminality in international arbitration. Given the potential consequences for an investor, not just for the admissibility of its case, the seriousness of such claims requires a high and detailed standard of proof.

See full report with photos on the Events page, by PCA counsel Hinda Rabkin.