Arbitration and corruption: A toolkit for arbitrators
Loading...
Date
2021
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Western Cape
Abstract
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.
Description
Keywords
Arbitration, Corruption, International, Investments, Bribery
Citation
Betz,K. (2018). Arbitration and corruption: A toolkit for arbitrators. Journal of Anti-Corruption Law, 2(1). 183-195