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

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.

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.