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Dossier XIII: Addressing Issues of Corruption on Commercial and Investment Arbitration

Edited by: Domitille Baizeau, Richard H. Kreindler

ISBN13: 9789041167057
Published: December 2015
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £95.00



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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, and clearly distinguishes between commercial and investment arbitration.

The topics covered include:-

  • The impact of corruption on “gateway issues” of arbitrability, jurisdiction, admissibility and procedure;
  • The arbitrator’s rights and duties to investigate and report corruption;
  • The most recent thinking and case law on the burden and standard of proof for allegations of corruption;
  • 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 best and worst practices and equips the reader with tools and techniques to meet the challenge of corruption head on.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Foreword - Yves Derains
Introduction: Definitions and Scope of the Topic Domitille Baizeau
Introduction : Définitions et portée des enjeux Domitille Baizeau
Chapter 1. Yas Banifatemi - The Impact of Corruption on “Gateway Issues” of Arbitrability, Jurisdiction, Admissibility and Procedural Issues
Chapter 2. Aloysius P. Llamzon - On Corruption’s Peremptory Treatment in International Arbitration
Chapter 3. Hiroyuki Tezuka Corruption Issues in the Jurisdictional Phase of Investment Arbitrations
Chapter 4. Vladimir Kvhalei - Standards of Proof for Allegations of Corruption in International Arbitration
Chapter 5. Andrea J. Menaker and Brody K. Greenwald - Proving Corruption in International Arbitration
Chapter 6. Sébastien Besson - Corruption and Arbitration
Chapter 7. Nassib G. Ziadé Addressing Allegations and Findings of Corruption
Chapter 8. Thomas K. Spangre Q C Corruption in Arbitration
Chapter 9. Edoardo Marcenaro - Arbitrators’ Investigative and Reporting Rights and Duties on Corruption
Chapter 10. Matthew Gearing QC & Roanna Kwong - The Common Law Consequences and Effects of Allegations or a Positive Finding of Corruption
Chapter 11. Juan Fernández-Armesto - The Effects of a Positive Finding of Corruption
Chapter 12. Sophie Nappert - Raising Corruption as a Defence in Investment Arbitration
Chapter 13. Carita Wallgren-Lindholm - Consequences and Effects of Allegations or of a Positive Finding of Corruption
Concluding Remarks: Corruption and International Arbitration - Richard Kreindler

Contributors
Index
Cases
The ICC Institute of World Business Law
ICC Dispute Resolution Publications
ICC at a glance

Series: ICC Institute Dossiers

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