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Allegations of Corruption In International Arbitration: What Standard of Proof and What Role for Public Policy?

Start/End Thursday, November 15, 2012 05:30 PM EST -- 06:30 PM EST
Location Name Case Lounge

Allegations or hints of corruption arise in commercial and treaty-based arbitrations, confronting attorneys and arbitrators with a number of important legal and policy issues and questions about which there appears to be relatively little guidance or consensus on approach. These questions include:

What is the burden and standard of proof necessary to establish that there has been corruption?

What are the tools available to parties and tribunals to deal with evidentiary issues relating to corruption?

Is there a public policy role or requirement for arbitrators and/or counsel to raise corruption issues outside the scope of the arbitration and, if so, at what point do allegations become concrete enough to trigger this role?

What are the implications for parties' claims and defenses of successfully proving corruption? Are those implications different in the investment treaty context than they are in the commercial context?

To address these issues, the Center for International Commercial and Investment Arbitration (CICIA) and the Vale Columbia Center on Sustainable International Investment (VCC) are hosting a debate with Sophie Nappert and Mark Beckett. The debate will be moderated by Rahim Moloo, and will take place in the Case Lounge at Columbia Law School, 7th floor, on November 15, 2012, at 5:30 pm. Registration is not required for this event.

The views expressed during the debate will not reflect the personal opinions of the participants or their respective institutions or clients. Rather, in organizing the debate, we seek to highlight and juxtapose different positions to illustrate the complex issues and the lively discussions they trigger.

The debate immediately follows the VCC's Seventh Annual Columbia International Investment Conference, "Reframing the Investor-State Relationship: From Criticism to Constructive Engagement," taking place in the Faculty House at Columbia University, November 14-15, 2012. More information about that conference, for which registration is required, is available here.

For questions about either event, please contact Lise Johnson at ljj2107@columbia.edu.