Dealing with corruption: The search for the right way

This breakfast roundtable will take place on the occasion of the 5th Brazilian Arbitration Forum in Paris, on 6 and 7 October 2022.

As commentators have noted, “[i]f there is more talk about corruption in arbitration now than ever before, it should not be thought to reflect an upsurge in the number of cases involving corruption, but rather the increasing tendency of arbitrators, parties and even third parties to raise the issues of corruption and bribery whenever their presence is suspected and it is felt necessary to ensure that they have been given due consideration in the course of the proceedings” (Albanesi & Jolivet, 2013).

Corruption has in fact become an increasingly common issue for arbitrators, counsel and other arbitration users to address, including after the award is rendered. A multi-faceted problem, it may give rise to parallel proceedings, question the arbitrability of the dispute and prompt public policy defences. The panel of leading practitioners will address these and other questions from different perspectives (counsel, arbitrator) and multiple jurisdictions, and will attempt to answer the question of whether there is a “right away” to deal with corruption allegations in the context of an international arbitration.