As international arbitration proceedings involving historical transactions with potential corruption elements become more prevalent, the need for arbitrators to actively address signs of corruption is on the rise. The growing enforcement of anti-corruption statutes and increased compliance standards in the global business community have prompted a re-evaluation of historically acceptable practices.
In this chapter “Best Practice for Presenting Corruption Evidence in Arbitration” featured in GAR’s Guide to Investment Treaty Protection and Enforcement – Second Edition, FRA experts Derek Patterson, Amina Khoungui, Jorge Lopes and Kim A Qvale explore the challenges of identifying and presenting evidence of corruption in arbitration proceedings. They question the existence of a definitive 'smoking gun' in every case but suggest clear steps to effectively recognize and present indicators of corruption in expert reports.
The above is an extract featuring FRA’s contribution. The whole publication is also available at – https://globalarbitrationreview.com/guide/the-guide-investment-treaty-protection-and-enforcement/second-edition