The General Counsel and former Managing Counsel of the ICC International Court of Arbitration, Emmanuel Jolivet and Christian Albanesi, look at the approaches taken by arbitrators faced with issues of corruption in ICC cases and the controls and safeguards available to the institution to prevent arbitration from being used to further corruption.
- The arbitral tribunal
- Voidance of contract
- Burden and standards of proof for allegations of corruption
- Application of a high standard of proof
- Application of a lower standard of proof
- The power of arbitral tribunals to investigate allegations of corruption
- The arbitration institution
- The institution’s relationship with the parties
- The institution’s relationship with the arbitrators
About the ICC International Court of Arbitration Bulletin Supplement
The full Bulletin Supplement contains extracts from awards rendered between 2001 and 2009 in ICC cases where corruption was at issue with three accompanying articles.
The awards illustrate situations in which arbitral tribunals have or have not found evidence of corruption, the criteria on which such findings were based and the remedies applied. The articles provide commentary on these and other awards, discuss the use of circumstantial evidence in relation to corruption, and take stock of the international fight against this worldwide scourge.
Multilingual: predominantly English, plus French and Spanish. Articles and extracts from awards are published in their original language with summaries in English, French and Spanish.
Take a look at the related Bulletin 24 Supplement E-Chapters: