Addressing Issues of Corruption in Commercial and Investment Arbitration
By: Domitille Baizeau, Richard H. Kreindler
The Impact of Corruption on "Gateway Issues" of Arbitrability, Jurisdiction, Admissibility and Procedural Issues /Yas Banaiftemi --On Corruption's Peremptory Treatment in International Arbitration /Aloysius P. Llamzon --Corruption Issues in the Jurisdictional Phase of Investment Arbitrations /Hiroyuki Tezuka --Standards of Proof for Allegations of Corruption in International Arbitration /Vladimir Kvhalei --Proving Corruption in International Arbitration /Andrea J. Menaker and Brody K. Greenwald --Corruption and Arbitration /Sébastien Besson --Addressing Allegations and Findings of Corruption /Nassib G. Ziadé --Corruption in Arbitration /Thomas K. Sprange QC --Arbitrators' Investigative and Reporting Rights and Duties on Corruption /Edoardo Marcenaro --The Common Law Consequences and Effects of Allegations or a Positive Finding of Corruption /Matthew Gearing QC and Roanna Kwong --The Effects of a Positive Finding of Corruption /Juan Fernández-Armesto --Raising Corruption as a Defence in Investment Arbitration /Sophie Nappert --Consequences and Effects of Allegations or of a Positive Finding of Corruption /Carita Wallgren-Lindholm --Concluding Remarks: Corruption and International Arbitration /Richard Kreindler.
AI Overview
The book "Addressing Issues of Corruption in Commercial and Investment Arbitration" by Domitille Baizeau and Richard H. Kreindler is a comprehensive guide to addressing corruption in international commercial and investment arbitration. Here is a detailed overview of the book:
Key Themes
- Corruption in Arbitration: The book delves into the complexities of corruption in arbitration, including bribery, embezzlement, and other forms of misconduct.
- Legal Framework: It examines the legal frameworks and international standards that govern arbitration, including the role of institutions like the International Chamber of Commerce (ICC) and the International Centre for Settlement of Investment Disputes (ICSID).
- Procedural Measures: The authors discuss various procedural measures that can be taken to prevent and address corruption, such as screening parties, using independent experts, and implementing robust procedural rules.
- Ethical Considerations: The book highlights the ethical dimensions of arbitration and the importance of maintaining integrity in the process.
- Case Studies: It includes case studies and examples to illustrate the practical challenges and solutions in addressing corruption in arbitration.
Plot Summary
The book is structured to provide a thorough understanding of the issues surrounding corruption in commercial and investment arbitration. It begins with an introduction to the problem of corruption in arbitration, followed by an analysis of the legal frameworks and international standards that aim to prevent and address corruption. The authors then delve into the procedural measures that can be implemented to ensure integrity in the arbitration process. The book also discusses the role of institutions and the importance of ethical considerations in maintaining the integrity of arbitration.
Critical Reception
- Review by The Paris Journal of International Arbitration: The book has been reviewed positively by The Paris Journal of International Arbitration, which noted its comprehensive approach to addressing corruption in arbitration.
- International Bar Association Review: The International Bar Association has also reviewed the book, highlighting its relevance to practitioners and scholars in the field of international arbitration.
- ISBN and Publication Details: The book is available under ISBN-10: 9041167056 and ISBN-13: 978-9041167058. It has been published in an eBook format, priced at €39.00.
Conclusion
"Addressing Issues of Corruption in Commercial and Investment Arbitration" by Domitille Baizeau and Richard H. Kreindler is a seminal work that provides a detailed analysis of the complex issues surrounding corruption in international arbitration. The book offers practical guidance and theoretical insights, making it a valuable resource for practitioners, scholars, and institutions involved in commercial and investment arbitration. Its comprehensive approach and critical reception make it a significant contribution to the field of international arbitration.