Perjury and false evidence in international arbitration

In international arbitration, witness evidence from company representatives, employees, and experts is often decisive in determining facts and calculating losses. However, the use of deliberate falsehoods can lead to consequences beyond a loss of credibility, including criminal liability, impacts on case costs, and potential challenges to the enforcement of arbitral awards.

There is no uniform international offense of perjury specifically for arbitration. Legal requirements vary by jurisdiction. For instance, in England and Wales, the Perjury Act 1911 applies to material statements made by lawfully sworn witnesses. In Switzerland, the Criminal Code includes provisions regarding false statements by parties and false evidence from witnesses, experts, and translators, with Article 309 specifically extending these provisions to arbitration proceedings.