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

Award Winner
  • Publication planned for: August 2019
  • availability: Not yet published - available from August 2019
  • format: Paperback
  • isbn: 9781108717113


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About the Authors
  • 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.

    • Discusses investment and commercial arbitration cases that involve criminal conduct, enabling academics and practitioners to find and compare the relevant case law in one volume
    • Approaches the topic from a criminal law angle and offers a new perspective in addition to the existing arbitration literature
    • Analyses the most pertinent issues of applicable criminal law and evidence, helping practitioners to make decisions when confronted with allegations of criminal conduct
    • Offers both common law and continental law perspective, enabling arbitrators from different legal backgrounds to understand unfamiliar systems
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    • Winner (for dissertation), 2016–17 Walter Hug Award for Dissertations, Professor Walter Hug Foundation

    Reviews & endorsements

    '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

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    Product details

    • Publication planned for: August 2019
    • format: Paperback
    • isbn: 9781108717113
    • length: 361 pages
    • dimensions: 230 x 152 x 18 mm
    • weight: 0.5kg
    • contains: 2 b/w illus. 4 tables
    • availability: Not yet published - available from August 2019
  • Table of Contents

    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.

  • Author

    Kathrin Betz, Universität Basel, Switzerland
    Kathrin Betz completed her Ph.D. thesis at the Chair of Professor Mark Pieth, Universität Basel, Switzerland in 2016 (summa cum laude). As an academic assistant, her responsibilities included assisting the former Chairman of the OECD Working Group on Bribery. She coordinated the second edition of The OECD Convention on Bribery (Cambridge, 2014) edited by Mark Pieth, Lucinda A. Low and Nicola Bonucci.


    • Winner (for dissertation), 2016–17 Walter Hug Award for Dissertations, Professor Walter Hug Foundation

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