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The Impact of Corruption on International Commercial Contracts

The Impact of Corruption on International Commercial Contracts

Author: Michael Joachim Bonell; Olaf Meyer
Publisher: Springer-Verlag
ISBN: 9783319190532
Published In: September 2015
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
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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.

Preface

About the Authors

I. The Impact of Corruption on International Commercial Contracts - General Report

Michael Joachim Bonell and Olaf Meyer

II. New Wine in Old Bottles: Corrupt Foreign Contracts in Canadian Private Law

Joshua Karton and Jenna-Dawn Shervill

III. Balancing Public Interest with Transactional Security: The Validity of Contracts Tainted with Corruption under Chinese Law

Qiao Liu and Xiang Ren

IV. Consequences of Corrupt Practices in Business Transactions (Including International) in Terms of Czech Law

Jiri Valdhans

V. The Civil Law Consequences of Corruption According to the Laws of the Least Corrupt Country in the World - Denmark

Peter Damsholt Langsted and Lars Bo Langsted

VI. English Judges: Little Mice in the Big Business of Corruption?

Yseult Marique

VII. Still Some Un clarity Regarding the Legal Consequences Arising from the Nullity of Agreements through Corruption - Estonia

Marko Kairjak

VIII. Who Gets the Bribe? - The German Perspective on Civil Law Consequences of Corruption in International Contracts

Matthias Weller

IX. The Effects of Corruption on Contracts in Italy: The Long Road towards a Legal and Fair, Competitive Market

Paola Mariani

X. Contracts Tainted by Corruption: Does Dutch Civil Law Augment the Criminalization of Corruption?

Abiola Makinwa and Xandra Kramer

XI. Civil Law Forfeiture as Means to Restrict the Application of the in pari delicto-Principle and Other Private Law Consequences of Corruption under Polish Law

Maksymilian Pazdan and Maciej Zachariasiewicz

XII. Corruption in International Commercial Contracts - A Portuguese Substantive and Private International Law Perspective

Luis de Lima Pinheiro

XIII. Russian Experience and Practice on Civil Law Consequences of Corruption

Sergey Usoskin

XIV. For a Few Dollars More - Corruption in Singapore

Michael Furmston

XV. The Civil Law Consequences of Corruption under South African Law

Tjakie Naude

XVI. Impact of Bribery on Contracts under Swiss Civil Law

Christa Kissling

XVII. The Civil Law Consequences of Corruption under the UNIDROIT Principles of International Commercial Contracts: an Analysis in Light of International Arbitration Practice

Richard Kreindler and Francesca Gesualdi

XVIII. The United States' Multidimensional Approach to Combatting Corruption

Padideh Ala'i

XIX. Fighting Corruption from the Civil Side: Echoes from the Silence of Venezuelan Contract Law

Eugenio Hernandez-Breton and Claudia Madrid Martinez.