Stay of Proceedings When Parallel Criminal Proceedings are under Way - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View Stay of Proceedings When Parallel Criminal Proceedings are under Way by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management Stay of Proceedings When Parallel Criminal Proceedings are under Way 89 4

Allegations of fraud, dishonesty or other criminal behaviour can give rise to both criminal and civil (including arbitration) proceedings. If so, the question often arises whether the civil proceedings should be stayed to await the outcome of the criminal proceedings as there is a risk of selfincrimination (but this can be largely nullified if the summary judgment test can be satisfied). The coercive powers of the prosecuting authorities can reveal greater evidence and the modern requirement is for a criminal defendant to set out his defence. All this is to be balanced with the desire and right of the claimant to have its claim resolved.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management