The debate formed part of a wider discussion on ethical standards in arbitration during the event.
In an earlier session, Senior Advocate Gaurav Pachnanda said,
“Where there are red flags that are visible to an arbitrator, I believe that the obligation to render an enforceable award and taking due cognizance of issues of illegality, corruption and the like, including sanctions, should be given primacy and greater value.”
Pachnanda said that arbitration had evolved considerably over the past few decades and that the duty to render an enforceable award could, in appropriate cases, take precedence over party autonomy.
He added that ignoring clear signs of fraud, corruption or illegality could leave an award vulnerable to court interference, defeating the purpose of an expensive and time-consuming arbitral process.
The session, titled Advocate, Client, Arbitrator: Redrawing the Ethical Lines in International Arbitration, was moderated by Alipak Banerjee and also featured Ashok Leyland General Counsel Ajay Pratap Singh, Kim & Chang Partner Sae Youn Kim and Miura & Partners Partner Yoshie Midorikawa.