ARBITRATION AND CORRUPTION: A TOOLKIT FOR ARBITRATORS

Abstract

In international commercial or investment arbitration proceedings, the appointed arbitral tribunal may suspect or one of the parties may allege that corruption, especially in the form of foreign public bribery, has influenced the underlying dispute between the parties. Over the past 25 years, the international and domestic legal frameworks to combat economic crime, including foreign public bribery, have become much stronger. Arbitrators therefore cannot ignore suspicions or allegations of corruption but, at the same time, they have limited means to address such suspicions or allegations, and they have to handle conflicting priorities. In short, they are in a dilemma. After introducing the wider context of international commercial and investment arbitration, this article outlines the arbitrators’ dilemma in more detail and presents a current effort to draft a so-called toolkit for arbitrators. The toolkit aims to help arbitrators address corruption issues in a comprehensive manner and to find solutions in accordance with the applicable laws.