Kuspan, Pavol: Money Laundering, Corruption and Fraud in International Arbitration

Key words:

corruption, money laundering, fraud, international arbitration, arbitral proceedings, arbitrability,  arbitrators´ duties and liabilities

Abstract:

The subject of the paper is the relation between the criminal offences of corruption, money laundering and fraud and international commercial (as well as investment) arbitration. It defines these crimes and describes various ways in which they may appear and the effect they can have on international arbitral proceedings. The paper deals with the questions of procedure, the burden and standard of proof, duties and liabilities of arbitrators, including criminal liability, and other issues, such as enforcement of arbitral awards, in which issues of corruption, money laundering or fraud were raised. The goal of the paper is to provide guidance as to the possibilities the arbitrators or parties to the proceedings have when allegation of such criminal offence is raised in connection with the claim or with the body of the arbitrator and the consequences such criminal offences (or allegations thereof) can have on the arbitral proceedings and subsequent arbitral awards.

 

Editor-in-chief

  • Metod Špaček
 

Editorial Board

  • Peter Klanduch
  • Milan Kollár
  • Dagmar Lantajová
  • Katarína Šmigová
  • Metod Špaček

 

Advisory Board

  • Gerhard Hafner
  • Dalibor Jílek
  • Stephen McCaffrey
  • Pavel Šturma
  • Peter Tomka