Addressing Corruption Allegations in International Arbitration

Series:

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.

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Biographical Note

Brody K. Greenwald is a partner in the International Arbitration practice at White & Case LLP. He represents clients in high-stakes, complex international disputes arising under bilateral investment treaties, the Energy Charter Treaty, NAFTA, CAFTA-DR, contracts, and national investment laws. He received his J.D. from University of Chicago Law School.

Jennifer A. Ivers is an Attorney-Advisor in the Office of the General Counsel at the U.S. Department of Commerce, and previously was an associate in the International Arbitration practice at White & Case LLP where she represented clients in investment treaty arbitrations. She received her J.D. from the Georgetown University Law Center.

Table of contents


Addressing Corruption Allegations in International Arbitration
Brody K. Greenwald and Jennifer A. Ivers
 Abstract
 Keywords
 I Introduction
 I Despite Longstanding Efforts to Combat Corruption, It Remains Endemic in Much of the World
 I The Requirements for Establishing Corruption
 V The Burden and Standard of Proof for Allegations of Corruption
 V From Theory to Practice: Proving Corruption in Investment Arbitration
 I The Consequences of Corruption in International Arbitration
 I Objections Based on Attribution and Estoppel Where the State Does Not Prosecute the Alleged Corruption
 I Conclusion
 Bibliography

Readership

Arbitrators, practitioners, scholars, and anyone interested in international arbitration and corruption.

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