Corruption in International Trade and Commercial Arbitration

Commercial Arbitration This important book attempts to explain the discrepancy between the mounting condemnation of corruption in international trade and public procurement and the persistent resistance to such condemnation. In the process of developing theory in this area, the book analyzes relevant case 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. 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. 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.