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Allegations of Criminal Conduct in International Commercial Arbitration

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Title: Allegations of Criminal Conduct in International Commercial Arbitration
Author(s): Giordani, Tatu
Contributor: University of Helsinki, Faculty of Law
Discipline: Procedural and insolvency law
Language: English
Acceptance year: 2017
International arbitration is both effective and efficient way to resolve complex international business disputes. Modern day society and economy rely on fast connections and efficient international trade all around the world. But when trade is conducted and contracts are formed, some disputes will always arise. International arbitration provides a widely-accepted forum for resolving those disputes. International commercial arbitration is intended for resolving disputes occurring in international commercial transactions. Unfortunately, arbitrators may find themselves in a situation, when they are faced with issues that go into the territory of criminal law. Corruption and bribery, for example, are not unknown issues in international trade. The objective of this paper is to examine how should arbitrators deal with the issue of suspected or alleged criminal conduct, when faced with these questions in arbitral proceedings. Are these matters arbitrable, since conducting criminal investigation and criminal proceedings belong to public authorities and state courts? What can arbitrators do with allegations of criminal conduct, if they cannot impose a criminal sentence? Which law is to be applied to these allegations, is it the law of country where criminal act has been done or are there other possibilities? Are there consequences, if arbitrators decide not to address any issues of criminal conduct? Are arbitrators required to report any suspicions to public authorities, despite arbitration being confidential? What happens to arbitration, if parallel criminal proceedings are commenced in a state court? In this thesis, I seek to find answers to these questions.

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