Competence-competence and corruption have, for different reasons, been mainstays of international dispute resolution thought and practice for the longest time. In the last few years, their intersection has become increasingly important and problematic. These lectures seek to define the problem and to provide acceptable solutions where possible. They attempt to derive support from both a stringent dogmatic approach and pragmatic attention to real-life expectations and conduct. More so than in other areas of private international law, the intersection between the powers of the arbitrator and the illegality of the subject matter or the parties' conduct poses a particular challenge. That challenge is to postulate proper solutions under the law, including principles of transnational or international law, to conduct which can take on a multiplicity of appearances owing to conflicting cultural understandings of what is and is not legal in commercial life. The statement that bribery and corruption offend transnational or international public policy does not relieve the arbitrator from the burden of scrutinizing that statement doctrinally and exploring its consequences in a period of ever-increasing globalization of economic activity and investment.

Competence-Competence in the Face of Illegality in Contracts and Arbitration Agreements (The Pocket Books of the Hague Academy of International Law / ... L'académie De Droit International De La Haye)

Richard H. Kreindler

Foreign & International Law

Martinus Nijhoff

It is often said that an arbitral award is worth only as much as the ability to secure its enforceability. To the extent the vast majority of prayers for relief in arbitration are for money damages, an arbitral award granting damages is worth only as much as the ability to obtain payment, voluntary or compulsory, of such damages.
The aim of the new Dossier, prepared by the ICC Institute of World Business Law, is to give the reader a comprehensive overview of the difficulties encountered by arbitrators, governments and international organizations in calculating the amounts of recoverable damages in cases of international arbitration.

Evaluation of Damages in International Arbitration

Yves Derains

Wolters Kluwer/Law & Business

ICC Dossiers Volume 13 Corruption is one of the most difficult issues facing international arbitrators today. This publication addresses the issue of corruption in arbitration in a systematic way. It balances theoretical and practical considerations, takes into account the different perspectives of the parties, counsel and arbitral tribunal, distinguishing between commercial and investment arbitration. The topics covered include the impact of corruption on and#8220;gateway issuesand#8221; of arbitrability, jurisdiction, admissibility, procedure and the arbitratorand#8217;s rights and duties to investigate and report corruption. It also addresses the most recent thinking and case law on the burden and standard of proof for allegations of corruption as well as the consequences and effects of allegations or positive findings of corruption on the dispute on the merits and the enforceability of the award respectively. The book identifies advantages and disadvantages of prevailing practices and equips the reader with tools and techniques to meet the challenge of corruption head on.

Addressing Issues of Corruption in Commercial and Investment Arbitration

Domitille Baizeau

Wolters Kluwer

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Books by Richard H. Kreindler