Addressing Issues of Corruption In Commercial and Investment Arbitration

ISBN-13: 9789041167057 / Angielski / Miękka / 2015 / 224 str.

Domitille Baizeau; Richard H. Kreindler

Opis

ICC Dossiers Volume 13 Corruption is one of the most difficult issues facing international arbitrators today. This publication addresses the issue of corruption in arbitration in a systematic way. It balances theoretical and practical considerations, takes into account the different perspectives of the parties, counsel and arbitral tribunal, distinguishing between commercial and investment arbitration. The topics covered include the impact of corruption on and#8220;gateway issuesand#8221; of arbitrability, jurisdiction, admissibility, procedure and the arbitratorand#8217;s rights and duties to investigate and report corruption. It also addresses the most recent thinking and case law on the burden and standard of proof for allegations of corruption as well as the consequences and effects of allegations or positive findings of corruption on the dispute on the merits and the enforceability of the award respectively. The book identifies advantages and disadvantages of prevailing practices and equips the reader with tools and techniques to meet the challenge of corruption head on.