Nailing Corruption: Thoughts for a Gardener - A Comment on World Duty Free Company Ltd v The Republic of Kenya
Article from: TDM 3 (2013), in Corruption and Arbitration
Introduction
This contribution will focus on one case, World Duty Free Company Limited v The Republic of Kenya ('WDF') where, unusually, circumstances of corruption were squarely put into evidence. Then, considering the phenomenon of corruption as akin to a global oil spill of future indeterminate proportions, the precise cause of which remains generally intractable to direct evidence, it will suggest that a variation on the precautionary approach to the standard of proof, similar to that applied in cases hinging on scientific uncertainty, might assist arbitration tribunals in their consideration of ...