Corruption in International Trade and Commercial Arbitration

This book describes how corruption in international trade is judged in arbitration. It seeks to explain why there is no uniformity in the arbitral practice concerning corruption. Beyond this theoretical interest, the book is designed to offer analysis of cases and materials related to corruption and arbitration. In particular the book considers the following issues:

• • the arbitrarily 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 of corruption;
• • the effect of nullity of corrupt relations; and
• • the degree of judicial review of arbitral awards rulings on corruption allegations.

The book contains a wide selection of references to useful sources for scholars and practitioners of the law pertaining to corruption and arbitration. Relevant national case law is analyzed with in-depth attention to the circumstances surrounding each case. National laws pertaining to corruption (including those of Arab countries) as well as relevant international conventions are also thoroughly examined.