Vladimir Khvalei, a leading dispute resolution practitioner and Vice-President of the ICC International Court of Arbitration, lists the circumstances arbitrators should look out for when suspicions of corruption arise in the disputes before them and proposes a modus operandi for evaluating such circumstances.

Contents

• Introduction
• How corruption has found a safe harbour in arbitration
• Arbitrators’ attitudes
• Parties’ attitudes
• Nature of corruption
• Should arbitrators raise corruption issues sua sponte?
• A classic corruption scheme
• Responding to red flags
• Procedural presumption of corruption on the basis of circumstantial evidence
• Shifting the burden of proof
• Making an adverse inference
• Conclusions