CIArb AWARD WRITING TECHNIQUES: PERJURY CHALLENGE

​CIArb AWARD WRITING TECHNIQUES: PERJURY CHALLENGE

This may not be common but may happen that a party may challenge on ground of perjury:
 
Perjury Challenge
 

1. During [When], a substantive issue was raised by the Respondent with regards to a witness whom were accused of perjury in another local court and  apply to the tribunal to dismiss the said witness testimony.
2. In response, the Claimant responded that:
   1. It is very irregular and rather late to raise any application to remove the witness’ statements; and
   2. Such accusation was merely an allegation that has not been substantiated.
3. Having heard  the deliberation of the parties, I allowed the witness to present his evidence and I now, would deal with the matters as the followings:
   1. Whether should the tribunal allow the application to remove the witness on grounds that he was accused of perjury in another local court?
   2. The Respondent has raised his concern over the reliability of the witness owing to the fact that the witness was accused of perjury in another local court, but no judgement on his perjury has yet been made; 
   3. The Claimant  responded that such application was made rather late, being irregular and without any proof of substantiation;
   4. I inclined to agree with the Claimant that there is no concrete evidence at hand to proof that the witness’ statements are not reliable; ‘therefore
   5. I HOLD to the ‘presumption of innocent’ that one is considered innocent unless proven guilty[i] and I shall determine the admissibility, relevance, materiality and weight of the evidence offered in accordance to the Art.27.4Rules; and
   6. I FIND, there is no ground to remove the witness and he is allowed to present his evidence.
4. Having to have spent time and resources dealing with this unsubstantiated matters, I HOLD the Respondent to bear the costs of this hearing amounted to […] to be paid to the Claimant.

 
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[i] Woolmington v DPP [1935] UKHL 1