Addressing Corruption Allegations in International Arbitration

Arbitration / Mediation / Litigation

Addressing Corruption Allegations in International Arbitration

Edited by Brody Greenwald · Jennifer Ivers
Brill Academic Publishers June 2019

Specifications

ISBN-13
9789004369771
Publisher
Brill Academic Publishers
Publication
June 2019
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of Contents

Abstract
Keywords
Introduction
Despite Longstanding Efforts to Combat Corruption, It Remains Endemic in Much of the World
The Requirements for Establishing Corruption
The Burden and Standard of Proof for Allegations of Corruption
From Theory to Practice: Proving Corruption in Investment Arbitration
The Consequences of Corruption in International Arbitration
Objections Based on Attribution and Estoppel Where the State Does Not Prosecute the Alleged Corruption
Conclusion
Bibliography
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