Proving Bribery, Fraud and Money Laundering in International Arbitration
On Applicable Criminal Law and Evidence

Analyses pertinent issues of applicable criminal law and evidence for alleged criminal conduct in international investment and commercial arbitration.

Kathrin Betz (Author)

9781108717113, Cambridge University Press

Paperback / softback, published 20 December 2018

361 pages, 2 b/w illus. 4 tables
23 x 15.2 x 1.8 cm, 0.5 kg

'This book is definitely a must-read for arbitration practitioners as it gives valuable and pragmatic guidelines to tackle issues of bribery, fraud and money laundering in investment and commercial arbitration.' Fabrice Robert-Tissot, International Business Law Journal

Over the past few decades, arbitration has become the number one mechanism to settle international investment and commercial disputes. As a parallel development, the international legal framework to combat economic crime became much stronger within the fields of foreign public bribery, private bribery, fraud and money laundering. With frequent allegations of criminal conduct arising in international arbitration proceedings, it is crucially important to consider how such claims can be proven. This book analyses relevant case law involving alleged criminal conduct within international arbitration and addresses the most pressing issues regarding applicable criminal law and evidence. It is an essential resource for practising lawyers and academics active in the field of international investment and commercial arbitration.

Part I. Introduction: 1. What is at stake? Part II. Basics: International Arbitration, Crime, and Evidence: 2. Forms of international arbitration
3. Manifestations of criminal conduct in international arbitration
4. Evidence
Part III. Current Practice Regarding Alleged Criminal Conduct in Arbitration: 5. Investment arbitration
6. Commercial arbitration
7. Interim conclusion on current practice
Part IV. Critical Assessment: 8. Issues of applicable criminal law
9. Issues of evidence
10. Legal consequences of criminal conduct
Part V. Final Remarks: 11. Summary of results
12. Conclusion.

Subject Areas: International arbitration [LBHT], International criminal law [LBBZ]