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Warning Signs of Corruption in Contractual Disputes

E-Chapter from ICC Int Court of Arbitration Bulletin Supplement 24
2014 Edition
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e-Book (see e-book FAQs)
ISBN 978-92-842-0272-0
12.00€
About this title

Vladimir Khvalei, a leading dispute resolution practitioner and Vice-President of the ICC International Court of Arbitration, lists the circumstances arbitrators should look out for when suspicions of corruption arise in the disputes before them and proposes a modus operandi for evaluating such circumstances.

Contents

  • Introduction
  • How corruption has found a safe harbour in arbitration
    • Arbitrators’ attitudes
    • Parties’ attitudes
    • Nature of corruption
  • Should arbitrators raise corruption issues sua sponte?
  • A classic corruption scheme
  • Responding to red flags
    • Procedural presumption of corruption on the basis of circumstantial evidence
    • Shifting the burden of proof
    • Making an adverse inference
  • Conclusions




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:


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