Transcription of Corruption in Arbitration Law and Reality
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Corruption in Arbitration Law and Reality
I Corruption in Arbitration Law and Reality * Michael Hwang ** and Kevin Lim** _____ CONTENTS I. Introduction: Context, Definitions, and Issues Considered .. 1 II. The Tribunal s Right and Obligation to Inquire into Corruption Sua Sponte .. 8 III. The Burden of Proving Corruption and the Requisite Standard of Proof .. 14 IV. Determining the Law Governing the Elements and Legal Consequences of Corruption : Conflict of Laws Analysis in Relation to Intermediary Agreements .. 25 A. The Applicable Conflict of Laws Rules in International Arbitration .. 30 B. Conflict of Laws Considerations Determining Whether the Law of the Place of Performance or the Seat of Arbitration Overrides the Parties Chosen Law .. 32 (i) Law of the Place of Performance.
3 break‖, and encompasses all situations where ―agents and public officers break the confidence entrusted to them.‖12 It is defined in the Oxford English Dictionary as the ―perversion or destruction of integrity in the discharge of public duties by bribery or favour; the use or existence of corrupt
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