Dealing With Bribery And Corruption In International Commercial Arbitration
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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 |
: 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 provide a comprehensive overview of the key issues that arise in international arbitrations involving allegations of corruption by drawing upon their significant experience in these high-stakes cases, including in the only two reported investment treaty cases dismissed specifically as a result of corruption. Their monograph is a valuable resource that analyzes, among other things, the public policy against corruption, the requirements for establishing corruption, issues relating to the burden and standard of proof, how corruption has been proved in practice, and the legal consequences where corruption is established. Mr. Greenwald and Ms. Ivers also assess issues that arise where a sovereign State raises an arbitration defense based on alleged corruption, but does not prosecute the alleged wrongdoers in its domestic courts.
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 |
: Loukas A. Mistelis |
Publisher |
: Kluwer Law International B.V. |
Total Pages |
: 410 |
Release |
: 2009-01-01 |
ISBN-10 |
: 9789041127303 |
ISBN-13 |
: 9041127305 |
Rating |
: 4/5 (03 Downloads) |
Synopsis Arbitrability by : Loukas A. Mistelis
It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
Author |
: Michael Joachim Bonell |
Publisher |
: Springer |
Total Pages |
: 454 |
Release |
: 2015-08-29 |
ISBN-10 |
: 9783319190549 |
ISBN-13 |
: 3319190547 |
Rating |
: 4/5 (49 Downloads) |
Synopsis The Impact of Corruption on International Commercial Contracts by : Michael Joachim Bonell
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.
Author |
: Kathrin Betz |
Publisher |
: Cambridge University Press |
Total Pages |
: 363 |
Release |
: 2017-08-31 |
ISBN-10 |
: 9781108417846 |
ISBN-13 |
: 1108417841 |
Rating |
: 4/5 (46 Downloads) |
Synopsis Proving Bribery, Fraud and Money Laundering in International Arbitration by : Kathrin Betz
Analyses pertinent issues of applicable criminal law and evidence for alleged criminal conduct in international investment and commercial arbitration.
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 |
: Gary B. Born |
Publisher |
: Kluwer Law International B.V. |
Total Pages |
: 627 |
Release |
: 2021-06-07 |
ISBN-10 |
: 9789403532547 |
ISBN-13 |
: 9403532548 |
Rating |
: 4/5 (47 Downloads) |
Synopsis International Arbitration: Law and Practice by : Gary B. Born
International Arbitration: Law and Practice (Third Edition) provides comprehensive and authoritative coverage of the basic principles and legal doctrines, and the practice, of international arbitration. The book contains a systematic, but concise, treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The Third Edition guides both students and practitioners through the entire arbitral process, beginning with drafting, enforcing and interpreting international arbitration agreements, to selecting arbitrators and conducting arbitral proceedings, to recognizing, enforcing and seeking to annul arbitral awards. The book is written in clear, accessible language, suited for both law students and non-specialist practitioners, as well as more experienced readers. This highly regarded work addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. The Third Edition has been comprehensively updated to include recent legislative amendments, judicial decisions and arbitral awards. Among other things, the book provides detailed treatment of the New York Convention, the UNCITRAL Model Law on International Commercial Arbitration, all leading institutional arbitration rules (including ICC, SIAC, LCIA, AAA and others), the ICSID Convention and ICSID Arbitration Rules, and judicial decisions from leading jurisdictions. The Third Edition is integrated with the author’s classic International Commercial Arbitration and with the online Born International Arbitration Lectures, enabling students, teachers and practitioners to explore particular topics in more detail. About the Author: Gary B. Born is the world’s leading authority on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, Asia and elsewhere. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration and Forum Selection Agreements: Drafting and Enforcing (Kluwer Law International 6th ed. 2021), International Commercial Arbitration: Cases and Materials (Aspen 3rd ed. 2021) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
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 |
: 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.