Corruption in International Trade and Commercial ArbitrationKluwer Law International B.V., 01/01/2004 - 482 páginas Issues of corruption turn up with disturbing frequency in commercial arbitration. Yet there is no uniformity in arbitral practice to tackle this phenomenon, despite a constant chorus of condemnation from all quarters. This important book attempts to explain the discrepancy between the mountain condemnation of corruption in international trade and public procurement and the persistent resistance to such condemnation. It specifically describes how corruption uses duplicity in practice, and how such practice challenges the imperativeness of condemnation. In the process of developing theory in this area, the book analyzes relevant cases and other legal materials, and thus provides both theoretical and practical guidance in such matters as the following: the arbitrability of corruption matters; the validity of arbitration agreements contained in corruption contracts; the standard and extent of proof that the arbitrator should apply in connection with corruption allegations; the various presumptions of corruption; the principle of party autonomy and corrupt relations; the applicability of national mandatory laws prohibiting corruption in international arbitration; the application of transnational public policy condemning corruption; the effect of nullity of corrupt relations; and, the degree of judicial review of arbitral awards rulings on corruption allegations.In addition to its matchless value as a guide to law and practice in the field, Corruption in International Trade and Commercial Arbitration is unsurpassed in the wealth of reference material it provides. Important cases from many countries are analyzed with in-depth attention to the circumstances surrounding them, and many national laws (including those of Arab countries) and international agreements are also examined. The entire work is superbly cross-referenced to indexes and a rich bibliography. This book will be of immeasurable value to arbitration practitioners and scholars, corruption scholars and specialists in governmental and non-governmental organizations, officials and experts concerned with money laundering, civil servants in charge of national accountability or transparency bureaus, and law enforcement officials and judges charged with criminal justice procedure in matters of corruption. |
Índice
Judging Corruption in Arbitration | 1 |
The Main Attitudes In Evaluating Corruption | 8 |
B The Indifferent Tendency | 19 |
Arbitrability of Public ProcurementRelated Matters | 27 |
b An Inquiry Into the Mandatory Nature of Public | 39 |
Corruption and the Validity of the Arbitration Agreement | 43 |
Validity of an Agreement to Arbitrate Corruption Matters | 58 |
The Immoral Mission of the Arbitrator | 67 |
Arguments Against the Application of Foreign | 264 |
The AntiCorruption Law Invoked is | 270 |
Application of Universal Values Prohibiting Corruption | 277 |
Policy | 286 |
The Prohibition of corruption and the Practice of Dual | 310 |
Experience of Corrupt Practices | 318 |
of the Prohibition of corruption | 328 |
Full Fledged Rule | 330 |
Concluding Remarks | 87 |
E Witness Testimony | 96 |
Extent of Proof in Bribery Matters | 106 |
b The Nature of Remuneration | 135 |
The Identity and Status of the Intermediary | 145 |
Organization and Mode of Operation | 148 |
Concluding Remarks | 157 |
and its Limits | 166 |
B The Rule of Validation Requirement | 178 |
Concluding Remarks | 186 |
Application of Mandatory Laws Prohibiting Corruption | 189 |
Sanctions | 195 |
OECD Convention and Implementing National | 212 |
The Council of Europes Conventions on Corruption | 225 |
Two Swiss Arbitral Awards Refusing to Take Into | 244 |
b Consideration of Direct Application of Foreign Anti | 255 |
The Rule of Dual Intentionality and the Prohibition | 336 |
The Prohibition of Corruption and Dual Intentionality | 345 |
Concluding Remarks | 353 |
Recovery | 372 |
Whole Case | 387 |
Minimal Judicial Review | 394 |
The Problems of Surface Review | 404 |
The Contextual Approach to Judicial Review | 412 |
Concluding Remarks | 420 |
Bibliography | 429 |
International Documents | 436 |
Courses at the Hague Academy of International Law | 443 |
Articles | 452 |
471 | |
483 | |
Outras edições - Ver tudo
Corruption in International Trade and Commercial Arbitration Abdulhay Sayed Pré-visualização limitada - 2004 |
Palavras e frases frequentes
Referências a este livro
The Institutional Economics of Corruption and Reform: Theory, Evidence and ... Johann Graf Lambsdorff Pré-visualização limitada - 2007 |
Arbitration and Mediation in International Business Christian Bühring-Uhle,Lars Kirchhoff,Gabriele Scherer Pré-visualização limitada - 2006 |