Suchergebnisse

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.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. 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