Descreve como a corrupção é julgada na arbitragem comercial internacional. Procura explicar porque não há uma uniformidade na política arbitral em relação à corrupção. Analisa casos relativos à corrupção e arbitragem. Examina a legislação sobre corrupção, assim como convenções internacionais relevantes.
This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means foreffective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combatcorruption are proposed.Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trendsemerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in "live" issues of corruption within arbitral proceedings. Part III reflects on the implications ofthese trends for both the "supply" and "demand" sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.
In Addressing Corruption Allegations in International Arbitration, Brody K. Greenwald and Jennifer A. Ivers provide a comprehensive overview of the key issues that arise in international arbitrations involving allegations of corruption by drawing upon their significant experience in these high-stakes cases, including in the only two reported investment treaty cases dismissed specifically as a result of corruption. Their monograph is a valuable resource that analyzes, among other things, the public policy against corruption, the requirements for establishing corruption, issues relating to the burden and standard of proof, how corruption has been proved in practice, and the legal consequences where corruption is established. Mr. Greenwald and Ms. Ivers also assess issues that arise where a sovereign State raises an arbitration defense based on alleged corruption, but does not prosecute the alleged wrongdoers in its domestic courts.
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.
It often seems today that no dispute is barred from resolution by arbitration. Even the fundamental question of whether a dispute falls under the exclusive jurisdiction of a judicial body may itself be arbitrable. Arbitrability is thus an elusive concept; yet a systematic study of it, as this book shows, yields innumerable guidelines and insights that are of substantial value to arbitral practice. Although the book takes the form of a collection of essays, it is designed as a comprehensive commentary on practical issues that emerge from the idea of arbitrability. Fifteen leading academics and practitioners from Europe and the United States each explore different facets of arbitrability always with a perspective open to international developments and comparative evaluation of standards. The presentation falls into two parts: in the first the focus is on the general features of arbitrability, its rationale and the laws applicable to it. In the second, arbitrability is specifically examined in the context of administrative, criminal, corporate, IP, financial, commercial, and criminal law This book has its origins in an International Conference on Arbitrability held at Athens in September 2005. Seven papers presented there are here reviewed and updated, and nine others are added. The subject of the book and arbitrability and is one that is much talked about, but seldom if ever given the in-depth treatment presented here. Arbitrators and other practitioners in the field will welcome the way the analysis moves logically from theory to practice regarding every issue, and academics will recognize a definitive treatment of arbitrability as understood and applied in the settlement of disputes today.
In international arbitration as practiced today, few issues are as controversial and hotly debated as the foreign enforcement of an arbitral award that has been annulled in its originating jurisdiction. As more and more jurisdictions challenge such annulments, the issue has inevitably attracted the intense scrutiny of practitioners and scholars. Now, in the first book written on the subject--and a major work unlikely to be superseded for quite some time--the international practitioner and scholar Dr. Hamid G. Gharavi provides a keen, in-depth analysis of the sources, legal and practical grounds, and possible solutions of the problem, particularly as it affects international business transactions in the global economy. Dr Gharavi analyzes the relevant provisions in all major international arbitration conventions, as well as national laws on the annulment and enforcement of arbitral awards in force in more than fifty different countries. Among the book's most notable features are the following: invaluable information on, and an in-depth analysis of, the travaux pr?paratoires of the New York Convention pertaining to the articulation of annulment/enforcement controls; the effects of the cultural, judicial, and legal diversity of states; and clear elucidation of the interests that often separate North from South in the practice of arbitration. With detailed attention to theoretical and practical perspectives--especially as they reveal the dangers to which the enforcement of annulled awards can subject international business operators-- Dr Gharavi arrives, after consideration of all interests, at a global resolution aiming to establish an effective and harmonious international legal framework for the control of awards in accordance with the nature and mission of arbitration.
International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.
"International Trade Law offers comprehensive analysis of international sale transactions through case law, policy documents, legislation, international conventions and rules adopted by international organisations such as the ICC."--
