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What is this event about?
As illustrated by the Court of Appeal's decision in Westacre Investments v Jugoimport-SPDR Holding Co (1998) (Sir Mark Waller dissenting), allegations of corruption and bribery in connection with international arbitration raise difficult issues both for arbitrators and for courts. For arbitrators the issue often arises as to whether there is a duty to assume an inquisitorial role and address questions of corruption and bribery sua sponte. For courts the question is often the degree to which deference ought to be paid to the arbitral tribunal's consideration of the issue and the degree to which the court must make its own determination of the facts and legal consequences of allegations of corruption and bribery.
This seminar will address these issues, looking particularly at the impact of the Bribery Act (2010) on the treatment of allegations of corruption and bribery in international arbitration in the United Kingdom and examining the practical issues involved in the proof of allegations of corruption in arbitration.
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