Claim No: CL-2024-000435 - [2025] EWHC 1588 (Comm)

In any event, I do not think it arguable that the deployment by one arbitrating party of false evidence in an arbitration (whether from itself or a third party) is actionable by the losing party as a breach of contract. Applying the presumption that Swiss law is to the same effect as English law (which, given the strong pro-arbitration policy of both jurisdictions seems reasonable), the sole remedy against SSIF in this scenario would be to challenge any award using the procedures available before the supervisory court. Allowing a claim for breach of contract would wholly undermine the finality of arbitration awards and be inconsistent with the duty to give effect to such awards on the part of signatories to the New York Convention, including Switzerland: see by analogy Elektrim SA v Vivendi Universal SA [2007] EWHC 11 (Comm) and in relation to tortious claims against third parties in respect of evidence given in arbitration Commercial Bank of Dubai v Al Sari [2024] EWHC 3304 (Comm), [116]-[117].