Corruption In International Trade And Commercial Arbitration
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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.
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
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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.
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.
The Impact Of Corruption On International Commercial Contracts
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Author : Michael Joachim Bonell
language : en
Publisher: Springer
Release Date : 2015-08-29
The Impact Of Corruption On International Commercial Contracts written by Michael Joachim Bonell and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-29 with Law categories.
This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
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.
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.
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.
Corruption In International Arbitration
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Author : Inan Uluc
language : en
Publisher:
Release Date : 2018
Corruption In International Arbitration written by Inan Uluc and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Arbitration (International law) categories.
Corruption's involvement in arbitration is far from novel, but, there remains a lack of uniformity among arbitral tribunals on how to tackle corruption.This study delves into these controversial concerns and analyses practical solutions within the context of theory and practice.
Managing Belt And Road Business Disputes
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Author : Michael Moser
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-04-07
Managing Belt And Road Business Disputes written by Michael Moser 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 2021-04-07 with Law categories.
This book is a follow-up to the comprehensive Managing Business Disputes in Today’s China: Duelling with Dragons (2007) guide on foreign direct investment disputes that can arise in the course of initiating and operating a Chinese joint venture. Since its inauguration by the Chinese government in 2013, the ‘Belt and Road Initiative’ (BRI) has included projects in more than 70 countries spanning diverse economic and legal environments. The nature of the BRI coupled with the economic downturn as a result of the COVID-19 pandemic will inevitably generate more challenges than ever. Like its predecessor, this book poses a hypothetical scenario in order to explore the potential issues that may arise from Chinese-foreign business relationships in the BRI context. After setting the scene with the ‘Afrina Government’s’ ill-fated infrastructure project involving Chinese and foreign parties, subsequent chapters provide comprehensive insight on and highlight the following issues that one must consider when dealing with BRI disputes: dispute settlement options; informal dispute settlement approaches; disputes involving Chinese State-Owned Enterprises; construction and project finance disputes; corruption and bribery; sanctions; environmental issues. This book will provide extensive guidance from seasoned practitioners on the legal and practical issues of disputes that arise from engaging with Chinese companies doing business outside China in the context of BRI projects.