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)
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 |