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Vol 21 No 9 Sept/Oct 2016

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Corruption in International Trade and Commercial Arbitration

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ISBN13: 9789041122360
ISBN: 9041122362
Published: March 2004
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £167.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Issues of corruption turn up with disturbing frequency in commercial arbitration. Yet there is no uniformity in arbitral practice to tackle this phenomenon, despite a constant chorus of condemnation from all quarters. This important book attempts to explain the discrepancy between the mountain condemnation of corruption in international trade and public procurement and the persistent resistance to such condemnation. It specifically describes how corruption uses duplicity in practice, and how such practice challenges the imperativeness of condemnation.

In the process of developing theory in this area, the book analyzes relevant cases and other legal materials, and thus provides both theoretical and practical guidance in such matters as the following:-

  • the arbitrability of corruption matters;
  • the validity of arbitration agreements contained in corruption contracts;
  • the standard and extent of proof that the arbitrator should apply in connection with corruption allegations;
  • the various presumptions of corruption;
  • the principle of party autonomy and corrupt relations;
  • the applicability of national mandatory laws prohibiting corruption in international arbitration;
  • the application of transnational public policy condemning corruption;
  • the effect of nullity of corrupt relations; and,
  • the degree of judicial review of arbitral awards rulings on corruption allegations.
In addition to its matchless value as a guide to law and practice in the field, Corruption in International Trade and Commercial Arbitration is unsurpassed in the wealth of reference material it provides. Important cases from many countries are analyzed with in-depth attention to the circumstances surrounding them, and many national laws (including those of Arab countries) and international agreements are also examined. The entire work is superbly cross-referenced to indexes and a rich bibliography.

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Arbitration and Dispute Resolution
Foreword – Georges Abi-Saab,
Chapter 1: Judging Corruption in Arbitration
I. A Brief Outline of the Underlying Paradigm of Arbitral Decision- Making
II. The Main Attitudes In Evaluating Corruption III.
Concluding Remarks
Chapter 2: Arbitrability of Public Procurement-Related Matters
I. Overview
II. Arbitrability of Public Procurement-Related Matters
Chapter 3: Corruption and the Validity of the Arbitration Agreement
I. Overview
II. Contract of Corruption and the Validity of the Arbitration Agreement
III. Validity of an Agreement to Arbitrate Corruption Matters
IV. Public Procurement Contracts Obtained by Bribery
V. Concluding Remarks
Chapter 4: Evidence of Corruption
I. Evidence in Arbitration
II. Evidence of Corruption in Arbitration
III. Concluding Remarks
Chapter 5: Choice-of-Law Problems and Corruption
I. Overview of the Doctrine of Party Autonomy
II. Corruption and the a priori Limits on the Choice of the Applicable Law
III. Concluding Remarks
Chapter 6: Application of Mandatory Laws Prohibiting Corruption
I. Describing Anti-corruption Laws
II. Applicability of Anti-Corruption laws In International Commercial Arbitration
III. Concluding Remarks
Chapter 7: Application of Universal Values Prohibiting Corruption
I. ‘‘Transnational’’ Public Policy
II. The Foundation of the Universal Prohibition of Corruption
III. The Prohibition of corruption and the Practice of Dual Intentionality
IV. The Prohibition of Corruption and Dual Intentionality in Arbitration
V. Concluding Remarks
Chapter 8: The Sanction of Corruption
I. Nullity of Corrupt Relations
II. Alternative Sanctions of Corruption
III. Concluding Remarks
Chapter 9: Corruption, Public Policy and Judicial Review of Awards
I. Balancing Award Finality and Public Policy
II. Minimal Judicial Review
III. Maximal Judicial Review
IV. Concluding Remarks Conclusion,
Subject Index,
Index of Arbitration Cases Dealing with Corruption.

Series: International Arbitration Law Library

Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence 2nd ed ISBN 9789041162281
To be published December 2016
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award 2nd ed ISBN 9789041159731
To be published October 2016
Kluwer Law International
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print