Addressing Issues Of Corruption In Commercial And Investment Arbitration


Addressing Issues Of Corruption In Commercial And Investment Arbitration
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Addressing Issues Of Corruption In Commercial And Investment Arbitration


Addressing Issues Of Corruption In Commercial And Investment Arbitration
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Author : Domitille Baizeau
language : en
Publisher: Kluwer Law International
Release Date : 2015

Addressing Issues Of Corruption In Commercial And Investment Arbitration written by Domitille Baizeau and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Arbitration (International law) categories.


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.



Dealing With Bribery And Corruption In International Commercial Arbitration


Dealing With Bribery And Corruption In International Commercial Arbitration
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Author : Emmanuel Obiora Igbokwe
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-01-10

Dealing With Bribery And Corruption In International Commercial Arbitration written by Emmanuel Obiora Igbokwe and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-10 with Law categories.


International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standards. In addition to providing a comprehensive examination of how the issue of bribery and corruption is dealt with in contemporary international commercial arbitration, the book also highlights the role of arbitrators in global efforts to combat transnational commercial bribery and corruption. Among others, the following critical issues are thoroughly investigated: arbitrability of issues of public interests; intermediary contracts; role of arbitrators in the fact-finding process; party autonomy versus overriding mandatory rules; iura novit curia in international commercial arbitration in the context of bribery and corruption; notion of transnational (or ‘truly international’) public policy; arbitrators’ duty to act as guardians of international commerce; investigative tools available to arbitrators; dealing with manifestly recalcitrant parties; possible consequences of violating the obligation to sua sponte investigate; and the view from developing countries. The analysis leans primarily on Swiss law, as Switzerland is one of the most important jurisdictions in international commercial arbitration; Switzerland has also been involved in some of the most famous and controversial arbitration cases wherein bribery and corruption became an issue. However, the study also includes a comparative analysis of the relevant laws, jurisprudence, and doctrine of other major arbitration venues, particularly England, France, and Germany. Not only in the light it sheds on how and whether international commercial arbitrators have hitherto justified the trust States have placed in them regarding the protection of the public interests but also in the practical solutions it offers arbitrators faced with issues of bribery and corruption, this deeply researched book equips arbitration practitioners and arbitration institutions with a hitherto lacking in-depth analysis on the question of sua sponte investigation. It also provides invaluable insights on how this issue might affect the future, legitimacy and expansion of this dispute settlement mechanism. Outside the field of arbitration, the book also provides jurists, legal scholars, in-house counsel for companies doing transnational business and public officials with highly enlightening perspectives on the interaction between international commercial arbitration and public interests.



Corruption And Fraud In Investment Arbitration


Corruption And Fraud In Investment Arbitration
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Author : Adilbek Tussupov
language : en
Publisher: Springer Nature
Release Date : 2022-01-12

Corruption And Fraud In Investment Arbitration written by Adilbek Tussupov and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-12 with Law categories.


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.



Addressing Corruption Allegations In International Arbitration


Addressing Corruption Allegations In International Arbitration
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Author : Brody Greenwald
language : en
Publisher: BRILL
Release Date : 2019-08-26

Addressing Corruption Allegations In International Arbitration written by Brody Greenwald and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-26 with Law categories.


In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers draw upon their experience in international arbitrations involving allegations of corruption to provide a comprehensive overview of the key issues that arise in these high-stakes cases.



Arbitration And Corruption


Arbitration And Corruption
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Author : Andrea Meier
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-07-12

Arbitration And Corruption written by Andrea Meier and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-12 with Law categories.


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.



Corruption And Illegality In Asian Investment Arbitration


Corruption And Illegality In Asian Investment Arbitration
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Author : Nobumichi Teramura
language : en
Publisher: Springer Nature
Release Date :

Corruption And Illegality In Asian Investment Arbitration written by Nobumichi Teramura and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.




Corruption In International Investment Arbitration


Corruption In International Investment Arbitration
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Author : Aloysius P. Llamzon
language : en
Publisher: Oxford International Arbitrati
Release Date : 2014

Corruption In International Investment Arbitration written by Aloysius P. Llamzon and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.


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.



International Commercial Arbitration


International Commercial Arbitration
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Author : A. J. van den Berg
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01

International Commercial Arbitration written by A. J. van den Berg and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.


The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues and how forgery and fraud may be detected. The factors that lead to acceptance by parties of the decisions of arbitrators are dealt with in contributions on the psychological aspects of dispute resolution. The volume concludes with a series of articles on arbitration under investment treaties written by experienced arbitrators and practitioners, with special emphasis on ICSID and NAFTA and the emerging issues of transparency, accountability and review. Contains lengthy articles on the ongoing work of UNCITRAL on proposed amendments to the UNCITRAL Model Law on International Commercial Arbitration and the recently adopted Model Law on International Commercial Conciliation Details the current thinking on the requirement of an arbitration agreement in writing and how this can be accommodated by the UNCITRAL Model Law and the 1958 New York Convention Addresses the granting of interim measures by arbitral tribunals and their enforcement by national and foreign courts Analyzes issues raised by illegality in the formation and performance of contracts and in the conduct arbitrations and provides a systematic overview of the answers given by legislation, arbitrators and courts Provides insight into the attitudes of arbitrators and parties regarding dispute settlement processes Addresses the changing public perception of arbitration under investment treaties



Corruption In International Trade And Commercial Arbitration


Corruption In International Trade And Commercial Arbitration
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Author : Abdulhay Sayed
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01

Corruption In International Trade And Commercial Arbitration written by Abdulhay Sayed and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Law categories.


Descreve como a corrupção é julgada na arbitragem comercial internacional. Procura explicar porque não há uma uniformidade na política arbitral em relação à corrupção. Analisa casos relativos à corrupção e arbitragem. Examina a legislação sobre corrupção, assim como convenções internacionais relevantes.



Investment And Commercial Arbitration


Investment And Commercial Arbitration
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Author : Christina Knahr
language : en
Publisher:
Release Date : 2010

Investment And Commercial Arbitration written by Christina Knahr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Arbitration and award, International categories.


This book contains the contributions to the Vienna Arbitration Forum on "Investment and Commercial Arbitration - Similarities and Divergences" which took place at the University of Vienna Law School in November 2008. The conference focused on topical issues in international investment arbitration and in commercial arbitration. Featuring speakers from academia, as well as legal practices, the Vienna Arbitration Forum addressed controversial topics and explored similarities and divergences. Table of Contents include: Consolidation of Proceedings in International Investment Arbitration * Consolidation of Proceedings in International Commercial Arbitration * The Limits of Party Autonomy in Investment Arbitration * Limits of Party Autonomy in International Commercial Arbitration * The Annulment of ICSID (International Centre for Settlement of Investment Disputes) Awards * Annulment of Arbitral Awards in International Commercial Arbitration * Independence, Impartiality and Duty of Disclosure in Investment Arbitration * Judicial Approaches to Arbitrator Independence and Impartiality in International Commercial Arbitration.