Arbitration and Corruption.

Format:

Book

Author/Creator:

Meier, Andrea.

Contributor:

Oetiker, Christian.

Series:

ASA Special

ASA Special ; v.47

Language:

English

Subjects (All):

International commercial arbitration.

Arbitration (International law).

Physical Description:

1 online resource (111 pages)

Edition:

1st ed.

Place of Publication:

Alphen aan den Rijn : Wolters Kluwer Law International, 2021.

Summary:

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; andjudicial 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.

Contents:

Half-Title Page

Title Page

Copyright Page

Programme of the Conference

Editors

Contributors

Table of Contents

Preface

Welcome Address and Introduction to the Conference Topic

Part 1 Corruption – What Does It Really Mean?

Chapter 1 How to Define Corruption?

Chapter 2 The Costs of Corruption and How to Fight It

Chapter 3 ‘Red Flags’ for Identifying Suspicious Relationships

Part 2 Impact of Corruption on Substantive Matters

Chapter 4 The Tribunal’s Jurisdiction and the Arbitrability of Issues of Corruption

Chapter 5 The Impact of Corruption on the Contract, Including the Issue of Applicable Law

Chapter 6 Investment Arbitration Specific Issues

Part 3 The Impact of Alleged or Demonstrated Corruption on the Arbitral Process

Chapter 7 If Corruption Taints the Process Itself: Corrupt Arbitrators, Experts and Witnesses

Chapter 8 Duty and Power of Arbitrators to Investigate and Evidentiary Issues

Chapter 9 Judicial Scrutiny of Corruption-Tainted Arbitral Awards at the Setting Aside and Enforcement Stage

Part 4 Role of International Arbitration in Fighting Corruption

Chapter 10 Duty to Report Suspicion? Risk for Personal Liability (Aiding and Abetting)?

Chapter 11 Duty or Right of Arbitrators to Report Suspicion of Corruption to Authorities?

Chapter 12 Is There a Need for Further Action and Initiatives by the Arbitration Community?

ASA SPECIAL SERIES Generated by AI.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

ISBN:

9789403535401

9403535407

9789403535357

9403535350

OCLC:

1263027848