The new section proposed by the Senator equates with that contained in the Arbitration Act, 1954, section 7, and, in effect, represents a sanction that can be applied if false evidence is given in the course of international commercial arbitration proceedings. However, we do not propose to accept the amendment, principally on the grounds that we do not believe it appropriate to the legislation we are seeking to enact. I have genuine misgivings as to whether, in the context of attracting international commercial arbitration business to this country, it is appropriate to introduce an amendment which speaks in terms of offences and penalties. It will be for the arbitral tribunal to assess the weight of any evidence given in proceedings and to make the necessary determination.
Where false evidence is found to have been given this is a factor which would, undoubtedly, influence the findings of the arbitral tribunal either in terms of the final award it might make or perhaps in any order for costs which it might consider suitable. Also, if the fact of giving false evidence were to be discovered subsequent to the making of the award it could be grounds for seeking to have the award set aside on the basis that it conflicts with public policy. These practical considerations carry more than sufficient force to outweigh the arguments advanced for putting an express penalties provision into the legislation. I stress that the main purpose of the legislation is to attract international commercial arbitration business to the country.