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Arbitration and Corruption

Arbitration and Corruption

作者： Andrea Meier; Christian Oetiker
出版商： Kluwer Law International
ISBN: 9789403535340
出版时间 July 2021
规格： Hardback
适应领域： International ? 免责申明：
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List Price: ￥930.00

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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.
Programme of the Conference

Editors

Contributors

Preface

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?
Mark Pieth

The Costs of Corruption and How to Fight It
Thomas Werlen

‘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
Niklaus Pitkowitz

The Impact of Corruption on the Contract, Including the Issue of Applicable Law
Christoph Müller

Investment Arbitration specific Issues
Andrea Menaker

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
Kate Davies

Duty and Power of Arbitrators to Investigate and Evidentiary Issues
Pierre Mayer

Judicial Scrutiny of Corruption-Tainted Arbitral Awards at the Setting Aside and Enforcement Stage
Anne-Catherine Hahn

Panel 4: Role of International Arbitration in Fighting Corruption
Moderated by Ulrike Gantenberg

Duty to Report Suspicion? Risk for Personal Liability (Aiding and Abetting)?
Mark Pieth

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?
Stephan Wilske

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