Arbitration and Contracts involving Corrupt Practices: The Arbitrator’s Dilemma – Vol. 4 No. 4

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AuthorMagnus Eriksson*

Published: December 1993

Authority of the Arbitral Tribunal
Code of Ethics for Arbitrators
Law Applicable to Procedure
Existence and Validity of Agreement to Arbitrate

Description: Bribery in the international marketplace continues to be a serious obstacle to efficient and fair international trade. Recent findings indicate that bribery not only continues to thrive but is expanding in scope and impact at an alarming pace. Obviously, the concerns that bribery in international commerce evoke encompass primarily issues of criminal law and various aspects of political controver­sy. However, bribery is increasing­ly being discussed in the context of legal dispute resolution as well, although written commentary in that context is still relatively rare. Bribery and arbitration specifically how ar­bitrators approach the conflicts and problems that covert or overt bribery in international trade contracts present within the realm of the arbitral process is an issue that deserves serious analysis. If national legislators were to perceive arbitration as a means for resolving disputes that would never be sanctioned in a court of law, the risk of a legislative backfire against arbitration would appear substantial.

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*Assistant, Professor of Law, University of Lund; former Attorney at Law, Skadden, Arps, Slate, Meagher & Flom, New York; LL.B., LL.M., University of Lund; LL.M., Columbia University School of Law.