Arbitration And Corruption
Download Arbitration And Corruption full books in PDF, epub, and Kindle. Read online free Arbitration And Corruption ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads.
Author |
: Andrea Meier |
Publisher |
: Kluwer Law International B.V. |
Total Pages |
: 174 |
Release |
: 2021-07-12 |
ISBN-10 |
: 9789403535357 |
ISBN-13 |
: 9403535350 |
Rating |
: 4/5 (57 Downloads) |
Synopsis Arbitration and Corruption by : Andrea Meier
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.
Author |
: Abdulhay Sayed |
Publisher |
: Kluwer Law International B.V. |
Total Pages |
: 518 |
Release |
: 2004-01-01 |
ISBN-10 |
: 9789041122360 |
ISBN-13 |
: 9041122362 |
Rating |
: 4/5 (60 Downloads) |
Synopsis Corruption in International Trade and Commercial Arbitration by : Abdulhay Sayed
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.
Author |
: Adilbek Tussupov |
Publisher |
: Springer Nature |
Total Pages |
: 198 |
Release |
: 2022-01-12 |
ISBN-10 |
: 9783030906061 |
ISBN-13 |
: 303090606X |
Rating |
: 4/5 (61 Downloads) |
Synopsis Corruption and Fraud in Investment Arbitration by : Adilbek Tussupov
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.
Author |
: Aloysius P. Llamzon |
Publisher |
: Oxford International Arbitrati |
Total Pages |
: 0 |
Release |
: 2014 |
ISBN-10 |
: 0198714262 |
ISBN-13 |
: 9780198714262 |
Rating |
: 4/5 (62 Downloads) |
Synopsis Corruption in International Investment Arbitration by : Aloysius P. Llamzon
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.
Author |
: Brody Greenwald |
Publisher |
: BRILL |
Total Pages |
: 99 |
Release |
: 2019-08-26 |
ISBN-10 |
: 9789004410916 |
ISBN-13 |
: 9004410910 |
Rating |
: 4/5 (16 Downloads) |
Synopsis Addressing Corruption Allegations in International Arbitration by : Brody Greenwald
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.
Author |
: Emmanuel Obiora Igbokwe |
Publisher |
: Kluwer Law International B.V. |
Total Pages |
: 455 |
Release |
: 2023-01-10 |
ISBN-10 |
: 9789403520865 |
ISBN-13 |
: 9403520868 |
Rating |
: 4/5 (65 Downloads) |
Synopsis Dealing with Bribery and Corruption in International Commercial Arbitration by : Emmanuel Obiora Igbokwe
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.
Author |
: Domitille Baizeau |
Publisher |
: Kluwer Law International |
Total Pages |
: 0 |
Release |
: 2015 |
ISBN-10 |
: 9041167056 |
ISBN-13 |
: 9789041167057 |
Rating |
: 4/5 (56 Downloads) |
Synopsis Addressing Issues of Corruption in Commercial and Investment Arbitration by : Domitille Baizeau
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.
Author |
: Meg Kinnear |
Publisher |
: Kluwer Law International B.V. |
Total Pages |
: 723 |
Release |
: 2015-12-22 |
ISBN-10 |
: 9789041161413 |
ISBN-13 |
: 9041161414 |
Rating |
: 4/5 (13 Downloads) |
Synopsis Building International Investment Law by : Meg Kinnear
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
Author |
: Kristine Karsten |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2003 |
ISBN-10 |
: 9041125809 |
ISBN-13 |
: 9789041125804 |
Rating |
: 4/5 (09 Downloads) |
Synopsis Arbitration by : Kristine Karsten
"This collection of papers results from the proceedings of the 2002 Annual General Meeting of the ICC Institute of World Business Law."--Introduction.
Author |
: Gloria M. Alvarez |
Publisher |
: Kluwer Law International B.V. |
Total Pages |
: 462 |
Release |
: 2021-04-08 |
ISBN-10 |
: 9789041199737 |
ISBN-13 |
: 904119973X |
Rating |
: 4/5 (37 Downloads) |
Synopsis International Arbitration in Latin America by : Gloria M. Alvarez
Energy projects in Latin America are a major contributor to economic growth worldwide. This book is the first to offer a comprehensive, in-depth analysis of specific issues arising from energy and natural resources contracts and disputes in the region, covering a wide range of procedural, substantive, and socio-legal issues. The book also includes how states have shifted from passive business partners to more active controlling players. The book contains an extensive treatment and examination of the particularities of arbitration practice in Latin America, including arbitrability, public order, enforcement, and the complex public-private nature of energy transactions. Specialists experienced in resolving international energy and natural disputes throughout the region provide detailed analysis of such issues and topics, including: state-owned entities as co-investors or contracting parties; role of environmental law, indigenous rights and public participation; issues related to political changes, corruption, and quantification of damages; climate change, renewable energy, and the energy transition; force majeure, hardship, and price reopeners; arbitration in the electricity sector; take-or-pay contracts; recognition and enforcement of awards; tension between stabilization clauses and human rights; mediation as a method for dispute settlement in the energy and natural resources sector; and different comparative approaches taken by national courts in key Latin American jurisdictions. The book also delivers a clear explanation on the impact made to the arbitration process by Covid-19, emerging laws, changes of political circumstances, the economic global trends in the oil & gas market, the energy transition, and the rise of new technologies. This invaluable book will be welcomed by in-house lawyers, government officials, as well as academics and rest of the arbitration community involved in international arbitration with particular interest in the energy and natural resources sector.