Browsing by Author "Betz, Kathrin"

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    Arbitration and corruption: A toolkit for arbitrators
    (University of the Western Cape, 2021) Betz, Kathrin
    In international commercial or investment arbitration proceedings, the appointed arbitral tribunal may suspect or one of the parties may allege that corruption, especially in the form of foreign public bribery, has influenced the underlying dispute between the parties. Over the past 25 years, the international and domestic legal frameworks to combat economic crime, including foreign public bribery, have become much stronger. Arbitrators therefore cannot ignore suspicions or allegations of corruption but, at the same time, they have limited means to address such suspicions or allegations, and they have to handle conflicting priorities. In short, they are in a dilemma. After introducing the wider context of international commercial and investment arbitration, this article outlines the arbitrators’ dilemma in more detail and presents a current effort to draft a socalled toolkit for arbitrators. The toolkit aims to help arbitrators address corruption issues in a comprehensive manner and to find solutions in accordance with the applicable laws.
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    Driven Out of Paradise: Illicit Financial Flows and Offshore Leaks
    (University of the Western Cape, 2018) Betz, Kathrin
    Illicit financial flows and recent offshore leaks constitute the topic of this article. As regards illicit financial flows, the focus is on two countries: Switzerland as an example of a country from the North, and South Africa as an example of a country from the South. The text is structured as follows. First, the concept and scale of illicit financial flows are discussed, as well as the problems related to them. Thereafter, illicit financial flows and their impact are examined from a North-South perspective. The next part looks at the responsibilities and strategies of countries of the North and of the South when it comes to tackling illicit financial flows. Finally, the role of offshore financial centres and selected issues arising from recent offshore leaks are addressed. The conclusion then tries to pull the threads of the discussion together.