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Oct 01, 2015

The Impact of Corruption on ‘Gateway Issues’ of Arbitrability, Jurisdiction, Admissibility and Procedural Issues

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Partner Yas Banifatemi (Paris-International Arbitration) authored an article titled “The Impact of Corruption on ‘Gateway Issues’ of Arbitrability, Jurisdiction, Admissibility and Procedural Issues,” that was published in Addressing Issues of Corruption In Commercial and Investment Arbitration (Coll. Dossiers, ICC Institute of World Business Law 2015).

“When should corruption be disposed of at the preliminary stage, as opposed to the claim involving corruption being dismissed on its merits? ln offering a few considerations in response, the present contribution will therefore focus on the instances where corruption can be sanctioned without the claim ever reaching the merits stage, and will not address the manner in which corruption has been dealt with by arbitral tribunals at the merits stage; nor will it address related issues such as a respondent's acquiescence to corrupt conduct? the doctrine of ‘unclean hands’ as a merits question, or standard and proof of corruption, which are covered in the next contributions.”

View the full publication, “The Impact of Corruption on Gateway Issues’ of Arbitrability, Jurisdiction, Admissibility and Procedural Issues,” in Addressing Issues of Corruption In Commercial and Investment Arbitration, Coll. Dossiers, ICC Institute of World Business Law, 16-31 (D. Baizeau, R. Kreindler, Eds., 2015).

Authors and Contributors

Yas Banifatemi

Partner

International Arbitration

+33 1 53 89 70 00

+33 1 53 89 70 00

Paris

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