The General Counsel and former Managing Counsel of the ICC International Court of Arbitration, Emmanuel Jolivet and Christian Albanesi, look at the approaches taken by arbitrators faced with issues of corruption in ICC cases  and the controls and safeguards available to the institution to prevent arbitration from being used to further corruption.

Contents

• Prologue
• The arbitral tribunal
• Jurisdiction
• Voidance of contract
• Burden and standards of proof for allegations of corruption
• Application of a high standard of proof
• Application of a lower standard of proof
• The power of arbitral tribunals to investigate allegations of corruption
• The arbitration institution
• The institution’s relationship with the parties
• The institution’s relationship with the arbitrators
• Epilogue