‘Arbitration and Criminal Law’ – Opening Lecture by Prof Matthew Happold

This lecture examines how arbitral proceedings and domestic criminal processes can interact; how parties to arbitrations have attempted to use domestic criminal proceedings to advance their interests; and how arbitrators can and should respond to such attempts.

It concludes that arbitral tribunals must take account of concurrent national criminal proceedings but cannot defer entirely to them. This is not only because they undertake different roles but also because national authorities cannot always entirely be trusted. In turn, this means that tribunals can find themselves between Scylla and Charybdis, so that arbitrators must be skilful navigators to get safely to their destination: an enforceable award.

Matthew Happold is Professor of Public International Law at the University of Luxembourg and a barrister at 3 Hare Court, London. He has a wide experience in international dispute resolution, including as counsel in cases before the Court of Justice of the European Union, the European Court of Human Rights, and the Caribbean Court of Justice. Matthew also sits as a Recorder on the North Eastern Circuit, authorised to sit on civil and criminal cases. In 2022, he was appointed to the European Commission’s list of candidates suitable for appointment as an arbitrator in bilateral disputes under EU trade agreements.

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