Issues of corruption turn up with disturbing frequency in commercial arbitration. Yet there is no uniformity in arbitral practice to tackle this phenomenon, despite a constant chorus of condemnation from all quarters. This important book attempts to explain the discrepancy between the mountain condemnation of corruption in international trade and public procurement and the persistent resistance to such condemnation. It specifically describes how corruption uses duplicity in practice, and how such practice challenges the imperativeness of condemnation.
In the process of developing theory in this area, the book analyzes relevant cases and other legal materials, and thus provides both theoretical and practical guidance in such matters as the following:
the arbitrability of corruption matters;
the validity of arbitration agreements contained in corruption contracts;
the standard and extent of proof that the arbitrator should apply in connection with corruption allegations;
the various presumptions of corruption;
the principle of party autonomy and corrupt relations;
the applicability of national mandatory laws prohibiting corruption in international arbitration;
the application of transnational public policy condemning corruption;
the effect of nullity of corrupt relations; and,
the degree of judicial review of arbitral awards rulings on corruption allegations.
In addition to its matchless value as a guide to law and practice in the field, Corruption in International Trade and Commercial Arbitration is unsurpassed in the wealth of reference material it provides. Important cases from many countries are analyzed with in-depth attention to the circumstances surrounding them, and many national laws (including those of Arab countries) and international agreements are also examined. The entire work is superbly cross-referenced to indexes and a rich bibliography.
This book will be of immeasurable value to arbitration practitioners and scholars, corruption scholars and specialists in governmental and non-governmental organizations, officials and experts concerned with money laundering, civil servants in charge of national accountability or transparency bureaus, and law enforcement officials and judges charged with criminal justice procedure in matters of corruption.
Foreword –
Georges Abi-Saab, Preface, Introduction
Chapter 1:
Judging Corruption in Arbitration I. A Brief Outline of the Underlying
Paradigm of Arbitral Decision- Making
II. The Main Attitudes In
Evaluating Corruption
III. Concluding Remarks
Chapter 2:
Arbitrability of Public Procurement-Related Matters I. Overview
II.
Arbitrability of Public Procurement-Related Matters
Chapter 3: Corruption
and the Validity of the Arbitration Agreement I. Overview
II.
Contract of Corruption and the Validity of the Arbitration Agreement
III.
Validity of an Agreement to Arbitrate Corruption Matters
IV. Public
Procurement Contracts Obtained by Bribery
V. Concluding Remarks
Chapter 4: Evidence of Corruption I. Evidence in Arbitration
II.
Evidence of Corruption in Arbitration
III. Concluding Remarks
Chapter 5: Choice-of-Law Problems and Corruption I. Overview of the
Doctrine of Party Autonomy
II. Corruption and the a priori Limits on
the Choice of the Applicable Law
III. Concluding Remarks
Chapter 6:
Application of Mandatory Laws Prohibiting Corruption I. Describing
Anti-corruption Laws
II. Applicability of Anti-Corruption laws In
International Commercial Arbitration
III. Concluding Remarks
Chapter
7: Application of Universal Values Prohibiting Corruption I.
‘‘Transnational’’ Public Policy
II. The
Foundation of the Universal Prohibition of Corruption
III. The
Prohibition of corruption and the Practice of Dual Intentionality
IV.
The Prohibition of Corruption and Dual Intentionality in Arbitration
V.
Concluding Remarks
Chapter 8: The Sanction of Corruption I. Nullity of
Corrupt Relations
II. Alternative Sanctions of Corruption
III.
Concluding Remarks
Chapter 9: Corruption, Public Policy and Judicial Review
of Awards I. Balancing Award Finality and Public Policy
II. Minimal
Judicial Review
III. Maximal Judicial Review
IV. Concluding
Remarks Conclusion, Subject Index, Index of Arbitration Cases Dealing with
Corruption
