Proving Bribery, Fraud and Money Laundering in International Arbitration: On Applicable Criminal Law and Evidence

Arbitration / Mediation / Litigation

Proving Bribery, Fraud and Money Laundering in International Arbitration: On Applicable Criminal Law and Evidence

By Kathrin Betz
Cambridge University Press September 2017

Specifications

ISBN-13
9781108417846
Publisher
Cambridge University Press
Publication
September 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

Over the past few decades, arbitration has become the number one mechanism to settle international investment and commercial disputes. As a parallel development, the international legal framework to combat economic crime became much stronger within the fields of foreign public bribery, private bribery, fraud and money laundering. With frequent allegations of criminal conduct arising in international arbitration proceedings, it is crucially important to consider how such claims can be proven.

This book analyses relevant case law involving alleged criminal conduct within international arbitration and addresses the most pressing issues regarding applicable criminal law and evidence. It is an essential resource for practising lawyers and academics active in the field of international investment and commercial arbitration.

Table of Contents

Part I. Introduction:
1. What is at Stake?

Part II. Basics: International Arbitration, Crime, and Evidence
2. Forms of International Arbitration
3. Manifestations of Criminal Conduct in International Arbitration
4. Evidence

Part III. Current Practice Regarding Alleged Criminal Conduct in Arbitration:
5. Investment Arbitration
6. Commercial Arbitration
7. Interim Conclusion on Current Practice

Part IV. Critical Assessment:
8. Issues of Applicable Criminal Law
9. Issues of Evidence
10. Legal Consequences of Criminal Conduct

Part V. Final Remarks:
11. Summary of Results
12. Conclusion
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