When arbitration meets crime

31 Jan - 2 Feb 2024

America do Sul room - floor E2

Session information

Discovery of criminal offenses by the arbitral tribunal

Thursday 1 February (0915 - 1045)

America do Sul room - floor E2

Description

In the course of the arbitration, the tribunal may discover that criminal offences such as bribery, corruption and money laundering might have been committed. What should the tribunal do in that situation? What are the applicable laws at play? Does the tribunal have a duty to investigate in order to ascertain whether these criminal offences have been committed and, if so, what is the applicable standard of proof? Does the tribunal have a duty to report these criminal offences to the authorities, and if so, which authorities? What happens if the tribunal fails to report these offences to the authorities? Does the approach differ depending on the parties, as well as whether this is a commercial or investment arbitration? The panel will discuss these perplexing issues at the session.

Session / Workshop Chair(s)

Adriana Dantas Lefosse Advogados, São Paulo, Brazil; Co-Chair, Anti-Corruption Committee

Speakers

James Berger DLA Piper, New York, New York, USA
Swee Yen Koh SC WongPartnership, Singapore, Singapore; Conference Quality Officer, Asia Pacific Regional Forum
Astrid Mignon-Colombet August Debouzy, Paris, France; Committee Liaison Officer, Professional Ethics Committee
Christopher P Moore Cleary Gottlieb Steen & Hamilton LLP, London, England