The Courses of Action Available to International Arbitrators to Address Issues of Bribery and Corruption
Article from: TDM 3 (2013), in Corruption and Arbitration
1. Who raises corruption allegations in international arbitration. 2. The cases. 2.1. Category (a): agent versus principal. 2.2. Category (b): contractor versus State. 2.3. Categories (c) and (d): investor versus State. 3. The non-uniform reaction by arbitrators. 4. The first dilemma: assuming or declining jurisdiction? 5. The second dilemma: what standard of evidence is needed? the relevance of indirect indicia. 6. The third dilemma: are the arbitrators empowered to "force" the parties to tell the truth? 7. The fourth dilemma: what law must be applied to the merits? 8. In case of a ...