In the framework of the Paris Arbitration Week, taking place between the 30th of March and the 3rd of April 2020, Reed Smith is delighted to organize an event on 'Arbitrating allegations of corruption in international business transactions – problems and solutions'.

Speakers: Peter Rosher José Astigarraga Ana Atallah Andrew Tetley Chloe J. Carswell Ben Love

Event Type: Seminar

Location Name:
Reed Smith's Paris office, 112 Avenue Kléber, Paris 75116
Start Date/Time:
1 April 2020, 8:30 AM France Daylight Time
End Date/Time:
1 April 2020, 1:00 PM France Daylight Time

Corruption in public entity contracts existed long before arbitration became a regular means of resolving investor-state disputes. The involvement of an international tribunal of appointed arbitrators was however bound to put the issue under the spotlight, especially given the gravity of the allegations and the legal consequences that can flow from a finding of corruption. The fact that for corruption to occur, participants from both the state and the investor must take part, further complicates.

Often the state will have received a substantial benefit from the performance of the contract obtained through the corruption. Tribunals have had to deal with the thorny issues involved, including what the standard of proof should be for such allegations and what should be the consequence of the state having received a substantial benefit from the performance of the contract.

This topic is the focus of much attention in the arbitration community: the ICC has commissioned a working group on the subject and others have proposed tools to help arbitrators address the issues.