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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Proving Bribery, Fraud and Money Laundering in International Arbitration: On Applicable Criminal Law and Evidence

ISBN13: 9781108417846
Published: September 2017
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £89.99

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Over the past few decades, arbitration has become the number one mechanism to settle international investment and commercial disputes. As a parallel development, the international legal framework to combat economic crime became much stronger within the fields of foreign public bribery, private bribery, fraud and money laundering. With frequent allegations of criminal conduct arising in international arbitration proceedings, it is crucially important to consider how such claims can be proven.

This book analyses relevant case law involving alleged criminal conduct within international arbitration and addresses the most pressing issues regarding applicable criminal law and evidence. It is an essential resource for practising lawyers and academics active in the field of international investment and commercial arbitration.

Arbitration and Dispute Resolution
Part I. Introduction:
1. What is at Stake?

Part II. Basics: International Arbitration, Crime, and Evidence
2. Forms of International Arbitration
3. Manifestations of Criminal Conduct in International Arbitration
4. Evidence

Part III. Current Practice Regarding Alleged Criminal Conduct in Arbitration:
5. Investment Arbitration
6. Commercial Arbitration
7. Interim Conclusion on Current Practice

Part IV. Critical Assessment:
8. Issues of Applicable Criminal Law
9. Issues of Evidence
10. Legal Consequences of Criminal Conduct

Part V. Final Remarks:
11. Summary of Results
12. Conclusion