Corruption in International Commercial & Investment Arbitration (LAW-795RP-001)
Exam: Students will have two choices: either (1) the traditional 24-hour take-home exam, to be downloaded seven calendar days after the last day of the class until July 15, 2022; or (2) a paper option, on a topic to be proposed by the student and approved by the instructor.
Although imperfect, international arbitration has the ability to hold specific private and public parties to account for violations of both international and national anti- corruption laws to an extent unmatched by any other supra-national mechanism. And in the last few years, it seems that the various public and private actors in the international community have begun to take advantage of that mechanism: the visibility of corruption as an issue in international investment and commercial arbitration has risen in almost parabolic fashion. This ascent in activity should not be surprising: with over $3.6 trillion—over 5% of global GDP—estimated as the annual amount lost to corruption globally, corruption in all its forms must be occurring far more regularly than is evident in case law and practice. But until recently, the case law was relatively anaemic, with the issue having perhaps its most significant breakout only in 2006 with World Duty Free v Kenya. Since then, new cases involving issues of corruption have flourished. For contemporary practitioners, issues involving corruption—including bribery and influence peddling, often coupled with other forms of wrongdoing such as fraud, money laundering, misrepresentation, procurement law violations, and other forms of illegality (all these being the visible manifestations of clandestine corruption), are increasingly taking on a central role. This course will consider all the major aspects of contemporary corruption-related decision-making in both contract and treaty-based international arbitration.
Textbooks and Other Materials
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Please see syllabus attached. Readings will be available in Canvas.
First Class Readings
Please see syllabus attached.
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