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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Impact of Corruption on International Commercial Contracts

Edited by: Michael Joachim Bonell, Olaf Meyer

ISBN13: 9783319190532
Published: September 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £117.00

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This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries.

The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a "bribe merchant"), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery.

The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

Contract Law, Commercial Law, International Trade
About the Authors
I. The Impact of Corruption on International Commercial Contracts - General Report
Michael Joachim Bonell and Olaf Meyer
II. New Wine in Old Bottles: Corrupt Foreign Contracts in Canadian Private Law
Joshua Karton and Jenna-Dawn Shervill
III. Balancing Public Interest with Transactional Security: The Validity of Contracts Tainted with Corruption under Chinese Law
Qiao Liu and Xiang Ren
IV. Consequences of Corrupt Practices in Business Transactions (Including International) in Terms of Czech Law
Jiri Valdhans
V. The Civil Law Consequences of Corruption According to the Laws of the Least Corrupt Country in the World - Denmark
Peter Damsholt Langsted and Lars Bo Langsted
VI. English Judges: Little Mice in the Big Business of Corruption?
Yseult Marique
VII. Still Some Un clarity Regarding the Legal Consequences Arising from the Nullity of Agreements through Corruption - Estonia
Marko Kairjak
VIII. Who Gets the Bribe? - The German Perspective on Civil Law Consequences of Corruption in International Contracts
Matthias Weller
IX. The Effects of Corruption on Contracts in Italy: The Long Road towards a Legal and Fair, Competitive Market
Paola Mariani
X. Contracts Tainted by Corruption: Does Dutch Civil Law Augment the Criminalization of Corruption?
Abiola Makinwa and Xandra Kramer
XI. Civil Law Forfeiture as Means to Restrict the Application of the in pari delicto-Principle and Other Private Law Consequences of Corruption under Polish Law
Maksymilian Pazdan and Maciej Zachariasiewicz
XII. Corruption in International Commercial Contracts - A Portuguese Substantive and Private International Law Perspective
Luis de Lima Pinheiro
XIII. Russian Experience and Practice on Civil Law Consequences of Corruption
Sergey Usoskin
XIV. For a Few Dollars More - Corruption in Singapore
Michael Furmston
XV. The Civil Law Consequences of Corruption under South African Law
Tjakie Naude
XVI. Impact of Bribery on Contracts under Swiss Civil Law
Christa Kissling
XVII. The Civil Law Consequences of Corruption under the UNIDROIT Principles of International Commercial Contracts: an Analysis in Light of International Arbitration Practice
Richard Kreindler and Francesca Gesualdi
XVIII. The United States' Multidimensional Approach to Combatting Corruption
Padideh Ala'i
XIX. Fighting Corruption from the Civil Side: Echoes from the Silence of Venezuelan Contract Law
Eugenio Hernandez-Breton and Claudia Madrid Martinez.