Abstract

Arbitrators sometimes run into a situation where they either hear about financial transactions that, from their viewpoint, may be "not quite kosher" or where they learn about crimes or offenses which may also give the impression that the entire "litigious" arbitration proceedings were only conducted for the purpose of creating an amicable "mock transaction", triggering a "mock fight" about the facts of the case. The parties aim at reaching an arbitral award as a basis "legitimating" certain transactions. An arbitration award or an arbitral settlement is supposed to constitute ...