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Proving Bribery Fraud And Money Laundering In International Arbitration


Proving Bribery Fraud And Money Laundering In International Arbitration
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Proving Bribery Fraud And Money Laundering In International Arbitration


Proving Bribery Fraud And Money Laundering In International Arbitration
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Author : Kathrin Betz
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-31

Proving Bribery Fraud And Money Laundering In International Arbitration written by Kathrin Betz and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-31 with Business & Economics categories.


Analyses pertinent issues of applicable criminal law and evidence for alleged criminal conduct in international investment and commercial arbitration.



An Introduction To International Arbitration


An Introduction To International Arbitration
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Author : Ilias Bantekas
language : en
Publisher: Cambridge University Press
Release Date : 2015-08-13

An Introduction To International Arbitration written by Ilias Bantekas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-13 with Law categories.


Comprehensive introductory textbook on the law and practice of international arbitration.



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.



A Guide To The Uncitral Arbitration Rules


A Guide To The Uncitral Arbitration Rules
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Author : Clyde Croft
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-25

A Guide To The Uncitral Arbitration Rules written by Clyde Croft and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-25 with Law categories.


The first version of the UNCITRAL Arbitration Rules was endorsed by the General Assembly of the United Nations in December 1976. Now considered one of UNCITRAL's greatest successes, the rules have had an extraordinary impact on international arbitration as both instruments in their own right and as guides for others. The Iran-US Claims Tribunal, for example, employs a barely modified version of the rules for all claims, and many multilateral and bilateral foreign investment treaties adopt the UNCITRAL Rules as an arbitral procedure. The Rules are so pervasive and the consequences of the new version potentially so significant that they cannot be ignored. This commentary on the Rules brings the official documents together in one volume and includes the insights and experiences of the Working Group that are not included in the official reports.



Transparency In International Investment Arbitration


Transparency In International Investment Arbitration
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Author : Dimitrij Euler
language : en
Publisher: Cambridge University Press
Release Date : 2015-08-10

Transparency In International Investment Arbitration written by Dimitrij Euler and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-10 with Education categories.


This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.



International Commercial Agreements And Electronic Commerce


International Commercial Agreements And Electronic Commerce
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Author : William F. Fox
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-03-26

International Commercial Agreements And Electronic Commerce written by William F. Fox 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 2018-03-26 with Law categories.


Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional differences??is of course still here in this new edition. There is new and updated material on such matters as the following: • the need for contract drafters to understand and to use the concepts of “standardization” (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool); • new developments and technical progress in e-commerce; • new developments in artificial intelligence in contract drafting; • the possible use of electronic currencies such as Bitcoin as a payment device; • foreign direct investment; • special considerations inherent in drafting licensing agreements; • online dispute resolution including the innovations referred to as the “robot” arbitrator; • changes in the arbitration rules of major international organizations; and • assessment of possible future trends in international commercial arrangements. Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included. In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or business executive to plan and carry out individual transactions even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with the legal experts.



European Yearbook Of International Economic Law 2020


European Yearbook Of International Economic Law 2020
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Author : Marc Bungenberg
language : en
Publisher: Springer Nature
Release Date : 2021-11-05

European Yearbook Of International Economic Law 2020 written by Marc Bungenberg and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-05 with Law categories.


Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.



Cambridge Compendium Of International Commercial And Investment Arbitration


Cambridge Compendium Of International Commercial And Investment Arbitration
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Author : Stefan Kröll
language : en
Publisher: Cambridge University Press
Release Date : 2023-03-02

Cambridge Compendium Of International Commercial And Investment Arbitration written by Stefan Kröll and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-02 with Law categories.


The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.



Investors International Law


Investors International Law
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Author : Jean Ho
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-06-03

Investors International Law written by Jean Ho and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-03 with Law categories.


This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.