Effect of bribery in international commercial arbitration Online publication date: Fri, 21-Nov-2014
by Divya Srinivasan; Harshad Pathak; Pratyush Panjwani; Punya Varma
International Journal of Public Law and Policy (IJPLAP), Vol. 4, No. 2, 2014
Abstract: The issue of bribery in international commercial arbitration throws up complex issues throughout the proceedings. The given paper addresses the three procedural concerns associated with claims tainted by bribery - arbitrability, admissibility, and investigative powers of arbitral tribunal. Regarding arbitrability, it is amply clear that claims tainted by bribery are no longer non-arbitrable in nature. However, an arbitral tribunal ought to proceed to the merits of the dispute only in the circumstance that such claims are found to be admissible before the tribunal. With respect to admissibility of such claims, the authors suggest that if bribery is shown to exist, then such tainted claims shall be procedurally barred due to the application of the Doctrine of Clean Hands and the public policy implications. Lastly, the paper also discusses the three-fold duty of an arbitrator as to determination of corruption in a commercial dispute.
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