Addressing Corruption Allegations in International Arbitration PDF Download

Author: Brody Greenwald
Publisher: BRILL
ISBN: 9004410910
Category : Law
Languages : en
Pages : 99

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Book Description
In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers provide a comprehensive overview of the key issues that arise in international arbitrations involving allegations of corruption by drawing upon their significant experience in these high-stakes cases, including in the only two reported investment treaty cases dismissed specifically as a result of corruption. Their monograph is a valuable resource that analyzes, among other things, the public policy against corruption, the requirements for establishing corruption, issues relating to the burden and standard of proof, how corruption has been proved in practice, and the legal consequences where corruption is established. Mr. Greenwald and Ms. Ivers also assess issues that arise where a sovereign State raises an arbitration defense based on alleged corruption, but does not prosecute the alleged wrongdoers in its domestic courts.

Author: Andrea Meier
Publisher: Kluwer Law International B.V.
ISBN: 9403535350
Category : Law
Languages : en
Pages : 174

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Book Description
Corruption is one of the main obstacles to sustainable development and has a significant negative impact on a country’s productivity. In this book, which reproduces the transcribed presentations and lively discussions at the 2019 Annual Conference of the Swiss Arbitration Association (ASA), four panels including internationally known arbitration practitioners, criminal lawyers and accountants exchange views on the causes, costs, and impacts of corruption not only on society but also on the arbitral process and the arbitral profession. Among the many facets of corruption, the contributors address the following: legal framework of corruption and applicable law; cost of corruption from an economic perspective; jurisdiction and the arbitrability of issues of corruption; aspects of corruption that are specific to arbitration in specific business sectors; cases involving corrupt arbitrators, experts, and witnesses; establishing correctness or incorrectness of suspicion of corruption; bringing issues of corruption before the parties; and judicial scrutiny of corruption-tainted arbitral awards at the setting aside and enforcement stage. The authors, all of them prominent in representing the full range of business sectors active in international arbitration, provide matchless practical guidance in dealing with challenges associated with corruption in arbitration. Among much else, they deal with ‘red flags’ likely to indicate suspicious relationships, effective strategies to employ when confronted with a corruption-tainted contract and reporting suspicion of corruption and the related risk of personal liability. All of this invaluable material will be greatly appreciated by practising arbitrators, corporate counsel, arbitration institutions, and concerned academics.

Author: Adilbek Tussupov
Publisher: Springer Nature
ISBN: 303090606X
Category : Law
Languages : en
Pages : 198

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Book Description
This book offers an exciting overview of how the investor-state dispute settlement mechanism currently deals with allegations and/or evidence of fraud and corruption. It provides a detailed analysis of the legal framework under which arbitral tribunals usually operate in investment disputes involving allegations of illegality. Readers will find step-by-step examinations of the corruption and fraud arguments employed by arbitral tribunals in ten landmark ISDS cases, followed by a chapter summarizing the status quo on the topic. The final part of the book discusses the identified challenges of addressing illegality issues in investment arbitration and potential solutions, including the creation of a multilateral investment court.

Author: Domitille Baizeau
Publisher: Kluwer Law International
ISBN: 9789041167057
Category : Arbitration (International law)
Languages : en
Pages : 0

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Book Description
The Impact of Corruption on "Gateway Issues" of Arbitrability, Jurisdiction, Admissibility and Procedural Issues /Yas Banaiftemi --On Corruption's Peremptory Treatment in International Arbitration /Aloysius P. Llamzon --Corruption Issues in the Jurisdictional Phase of Investment Arbitrations /Hiroyuki Tezuka --Standards of Proof for Allegations of Corruption in International Arbitration /Vladimir Kvhalei --Proving Corruption in International Arbitration /Andrea J. Menaker and Brody K. Greenwald --Corruption and Arbitration /Sébastien Besson --Addressing Allegations and Findings of Corruption /Nassib G. Ziadé --Corruption in Arbitration /Thomas K. Sprange QC --Arbitrators' Investigative and Reporting Rights and Duties on Corruption /Edoardo Marcenaro --The Common Law Consequences and Effects of Allegations or a Positive Finding of Corruption /Matthew Gearing QC and Roanna Kwong --The Effects of a Positive Finding of Corruption /Juan Fernández-Armesto --Raising Corruption as a Defence in Investment Arbitration /Sophie Nappert --Consequences and Effects of Allegations or of a Positive Finding of Corruption /Carita Wallgren-Lindholm --Concluding Remarks: Corruption and International Arbitration /Richard Kreindler.

Author: Borzu Sabahi
Publisher: BRILL
ISBN: 9004363033
Category : Law
Languages : en
Pages : 70

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Book Description
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.

Author: Aloysius P. Llamzon
Publisher: Oxford International Arbitrati
ISBN: 9780198714262
Category : Law
Languages : en
Pages : 0

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Book Description
This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means foreffective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combatcorruption are proposed.Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trendsemerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in "live" issues of corruption within arbitral proceedings. Part III reflects on the implications ofthese trends for both the "supply" and "demand" sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.

Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446616
Category : Law
Languages : en
Pages : 16

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Book Description

Author: Susan Rose-Ackerman
Publisher:
ISBN: 9781611633030
Category : Corruption
Languages : en
Pages : 0

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Book Description
International organizations routinely incorporate anti-corruption efforts into their good governance programs. An OECD treaty outlaws the bribery of foreign public officials, and the United Nations has promulgated a broad-based anti-corruption treaty. The arbitral system for international dispute resolution increasingly confronts allegations of corruption. Scholars are beginning to document the costs of corruption for the citizens of developing countries and for the integrity of international business dealings. The editors, Susan Rose-Ackerman and Paul D. Carrington bring together a diverse group of authors to evaluate these ongoing anti-corruption efforts and to consider whether new directions are warranted. After Rose-Ackerman's introduction, contributions by World Bank staffers summarize the promises and challenges of good governance programs in International Financial Institutions. The next section deals with other international actors, such as civil society, business, and the media. One chapter questions whether democracies will invariably support the anti-corruption agenda. The volume then considers the strengths and weaknesses of existing anti-corruption treaties and assesses the role of the Financial Action Task Force. The last section confronts the overlapping roles of public and private law in the control of transnational bribery. Chapters discuss the World Bank's sanctioning system and the status of contracts tainted by bribery, especially ones that are the subject of international arbitration. The volume concludes with Carrington's proposal for expanding international private law remedies for fighting corruption. Contributors: Kevin E. Davis, John Dugard, Roberto de Michele, Pascale Hélène Dubois & Aileen Elizabeth Nowlan, Global Witness, Robin Hodess, Jana Kunicová, Johann Graf Lambsdorff, Abiola O. Makinwa, Olaf Meyer, Joost Pauwelyn, Mark Pieth, Francesca Recanatini, Tina Søreide, Liam Wren-Lewis, Michela Wrong.

Author: Jeremy Horder
Publisher: Cambridge University Press
ISBN: 110735496X
Category : Law
Languages : en
Pages : 383

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Book Description
The Bribery Act 2010 is the most significant reform of UK bribery law in a century. This critical analysis offers an explanation of the Act, makes comparisons with similar legislation in other jurisdictions and provides a critical commentary, from both a UK and a US perspective, on the collapse of the distinction between public and private sector bribery. Drawing on their academic and practical experience, the contributors also analyse the prospects for enforcement and the difficulties facing lawyers seeking asset recovery following the laundering of the proceeds of bribery. International perspectives are provided via comparisons with the law in Spain, Hong Kong, the USA and Italy, together with broader analysis of the application of the law in relation to EU anti-corruption initiatives, international development and the arms trade.

Author: Filippo Fontanelli
Publisher: BRILL
ISBN: 9004366490
Category : Law
Languages : en
Pages : 199

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Book Description
In Jurisdiction and Admissibility in Investment Arbitration, Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background. The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility.