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Corruption in International Trade and Commercial Arbitration


ISBN13: 9789041122360
ISBN: 9041122362
Published: March 2004
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £257.00



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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.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Foreword – Georges Abi-Saab,
Preface,
Introduction
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

Transnational Due Process and Article V(1)(b) of the New York Convention ISBN 9789403524375
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Early Determination of Jurisdiction (eBook) ISBN 9789403502786
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Early Determination of Jurisdiction ISBN 9789403502687
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Contract Law in International Commercial Arbitration (eBook) ISBN 9789403510668
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Contract Law in International Commercial Arbitration ISBN 9789403510361
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£165.00
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The Bona Fide Investor: Corporate Nationality and Treaty Shopping in Investment Treaty Law ISBN 9789403541853
Published December 2021
Kluwer Law International
£165.00
Autonomous Versus Domestic Concepts under the New York Convention ISBN 9789403531731
Published March 2021
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£173.00
Autonomous Versus Domestic Concepts under the New York Convention (eBook) ISBN 9789403531748
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£173.00
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£167.00
(ePub)
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£167.00
The Legal, Real and Converged Interest in Declaratory Relief ISBN 9789403512440
Published May 2019
Kluwer Law International
£144.00
Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
Kluwer Law International
£148.00
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
£164.00
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
£189.00
The Functions of Arbitral Institutions (eBook) ISBN 9789041162205
Published August 2016
Kluwer Law International
£189.00
(ePub)
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Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£204.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£211.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£217.00
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
£204.00
£204.00
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
£204.00
£204.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£204.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£204.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£185.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£185.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£185.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£231.00
£182.00
£197.00
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
£177.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Out of print
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£187.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£187.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£239.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£300.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£154.00
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
£207.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£195.00
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
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