ASA Special Series #47
About this book:
Arbitration and Corruption is a book comprising the transcript of the presentations and lively discussions at the 2019 Annual Conference of the Swiss Arbitration Association (ASA). Four panels, including internationally acclaimed arbitration practitioners, criminal lawyers and accountants, exchange views on the causes, costs, and impacts of corruption not only on society at large but also on arbitration. Corruption is one of the main impediments to sustainable development and has a significant negative impact on a country’s productivity.
What’s in this book:
Among the many facets of corruption, the following have been tackled by the contributors:
- legal framework of corruption and applicable law;
- cost of corruption from an economic perspective;
- jurisdiction and the arbitrability of issues of corruption;
- aspects of corruption that are specific to arbitration in specific business sectors;
- cases involving corrupt arbitrators, experts, and witnesses;
- establishing correctness or incorrectness of suspicion of corruption;
- bringing issues of corruption before the parties; and
- judicial scrutiny of corruption-tainted arbitral awards at the setting aside and enforcement stage.
How this will help you:
The speakers furnish matchless practical guidance in dealing with challenges associated with corruption in arbitration. Among much else, they deal with ‘red flags’ likely to indicate suspicious relationships, effective strategies to employ when confronted with a corruption-tainted contract and reporting suspicion of corruption and the related risk of personal liability. This invaluable material will be highly appreciated by practising arbitrators, corporate counsel, arbitration institutions, and concerned academics.
|Product Line||Kluwer Law International|
Programme of the Conference
Welcome Address and Introduction to the Conference Topic
Andrea Meier & Christian Oetiker
Panel 1: Corruption – What Does It Really Mean?
Moderated by Maxi Scherer
How to Define Corruption?
The Costs of Corruption and How to Fight It
‘Red Flags’ for Identifying Suspicious Relationships
Michael W. Faske
Panel 2: Impact of Corruption on Substantive Matters
Moderated by Mariella Orelli
The Tribunal’s Jurisdiction and the Arbitrability of Issues of Corruption
The Impact of Corruption on the Contract, Including the Issue of Applicable Law
Investment Arbitration specific Issues
Panel 3: The Impact of Alleged or Demonstrated Corruption on the Arbitral Process
Moderated by Rikard Wikström-Hermansen
If Corruption Taints the Process Itself: Corrupt Arbitrators, Experts and Witnesses
Duty and Power of Arbitrators to Investigate and Evidentiary Issues
Judicial Scrutiny of Corruption-Tainted Arbitral Awards at the Setting Aside and Enforcement Stage
Panel 4: Role of International Arbitration in Fighting Corruption
Moderated by Ulrike Gantenberg
Duty to Report Suspicion? Risk for Personal Liability (Aiding and Abetting)?
Duty or Right of Arbitrators to Report Suspicion of Corruption to Authorities?
Koh Swee Yen
Is There a Need for Further Action and Initiatives by the Arbitration Community?
Disclaimer: This title is in pre-production and any names, credits or associations are subject to change. The current table of contents and subject matter is for pre-release sample purposes only.