Bribery and Corruption in International Arbitration

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  1. Introduction
  2. Background
  3. Arbitrators
  4. Corruption
  5. International business. Current state
  6. Arbitrators in combating corruption
  7. Anti-corruption investigations
  8. Conclusion
  9. Bibliography
  10. Footnotes

Introduction

The modern world is characterized by the enhanced international relations between different agents. The tendency towards the globalization created the basis for the improved cooperation between states, companies, agencies, individuals, etc. and preconditioned the shift of priorities towards the global discourse as the most promising mean of cooperation. Along with the increased number of actors participating in the above-mentioned process, the complexity and sophistication of the patterns used to align cooperation at least doubled. Moreover, the great tension and constant torrent of information also gave rise to numerous frauds.

For this reason, the importance of the efficient and fair legal framework that would be able to control the given sphere and minimize risks became obvious. Thus, the current legal environment, both at the state and international levels, could be considered one of the most complex and all-encompassing the humanity has ever known. The given complexity is justified by the character of the modern challenges.

Besides, arbitration is one of the modern tools that belongs to this very legal environment and is expected to assist parties in solving disputes by suggesting a fair solution. Being a unique remedy that has a great potential, today it turns out to be inefficient in a number of cases. One of the main causes of such failures is corruption that turns out to be an ongoing issue for our society.

Background

Delving into the peculiarities of the modern business relations, a significant number of problematic concerns should be admitted. The fact is that the globalization of the world also impacted the majority of societys aspects. For this reason, a wide range of new perspectives appeared. Due to the character of the modern cooperation, the extremely high incomes could be expected. Therefore, this fact also preconditions the unprecedented level of rivalry as numerous actors try to guarantee their growth.

In this regard, the acquisition of a competitive advantage became a crucial aspect needed for a companys further survival. Unfortunately, very often unfair competition could be observed as it might guarantee more benefits at a shorter period of time. The combination of these aspects gave rise to corruption. In accordance with the latest statistic, nearly half of people “across Europe, the Middle East, Africa and India think bribery and corruption are acceptable ways to survive an economic downturn” 1. Moreover, billions of dollars are spent to either support or undermine the functioning of a certain company using illegal approaches or other levers or influence2.

The statistics are unsatisfying, and there is the tendency towards the further deterioration of the current state. For this reason, there are numerous appeals to alter the situation by introducing strict monitoring of the relations between actors3. Under these conditions, the arbitration is associated with one of the possible ways to eliminate the problem. However, the situation remains complex as arbitration also suffers from this social stigma.

Arbitrators

Delving into the peculiarities of the given institution and the role it plays in the struggle against corruption, it is important to define the term and outline its main peculiarities. Arbitration is a specific kind of alternative dispute resolution that is focused on the creation of a solution to a conflict outside the courts4. It means that the parties to a dispute do not want to use the traditional approach and agree to use arbitration by one or more persons who are allowed to do it.

These individuals are called arbitrators. Besides, the parties who engage in the process also agree to accept the arbitration decision and act in accordance with the course outlined by it. There is always a third party that is expected to investigate the case, review the evidence, and introduces a certain solution that should be accepted by the parties to a dispute and which is enforceable in the courts5. The given practice is created to take into account the main arguments presented by all parties and make the most appropriate solution.

History

Traditionally, arbitration has been one of the most efficient ways to resolve disputes without using courts or other bodies of power. The fact is that the majority of cases that are solved using arbitration have a unique nature that preconditions the exploration of arbitration as one of the efficient ways to make a compromise. For this reason, since the first stages of its creation, the arbitration has been remaining an efficient tool that helps parties to find a compromise solution and solve a dispute.

It is obvious that the modern arbitration differs from the past forms significantly. The evolution of the society and the approaches used by people to communicate and make deals preconditioned the increased complexity of arbitration that had to respond to the majority of challenges that appeared in the course of peoples interaction. Yet, the arbitration we have today could be considered a powerful tool with a great potential that could be used to resolve the majority of the conflicts that appear between parties.

Role

The given shift of priorities and empowerment could not but remain unnoticed. In the modern society, arbitration is often used as one of the main tools to resolve commercial disputes at different levels. Moreover, the increased number of opportunities for the international cooperation preconditioned the mass usage of arbitration in the context of the international commercial relations between corporations. Its role in the modern world could hardly be overestimated.

The majority of disputes between the parties are solved with the help of arbitrators. Moreover, the unique role it plays in the international relations could be evidenced by the fact that there is the tendency towards the further rise of its power and states attempts to improve the framework for its evolution as they introduce new ways to interact using arbitration. Furthermore, very often commercial disputes over billions of dollars are considered by arbitrators. The tendency towards the gradual increase of the amount of money involved in these disputes indicates the great reliability of the tool and unique role it plays in the modern society.

Legal framework for the functioning

Besides, the authority of arbitration rests on the specific legal framework that was created to support the development of the issue and precondition its improved ability to resolve disputes by assisting parties in their attempts to make a compromise. Besides, the modern arbitration is a part of the justice system of the majority of states6. Its functioning is limited by numerous laws that are created to introduce specific authority to arbitration and make it one of the tools used by the parties to a dispute.

The basic laws and regulations may vary in different states; however, the main sense and patterns used by arbitrators remain the same. In accordance with the current legal framework, it is able to consider the main arguments provided by the parties and make a final conclusion. The decision suggested by arbitral tribunal should be accepted and followed by the main actors. The given approach preconditions the multitasking peculiar to the arbitration system and its ability to solve the majority of the modern issues that appear in the course of the cooperation. Arbitration could be either voluntary or mandatory. Mandatory arbitration comes from a statute or a contract7.

Furthermore, non-binding and binding arbitration could also be distinguished. Non-binding arbitration is not that strong as the binding one as the decision could not be imposed on parties. For this reason, it remains a weak method to resolve the dispute, when binding arbitration could help the parties to make a compromise and solve their problems.

Financial issues

As it comes from the arbitrations nature, the given issue is closely related to the financial issues that appear in the course of the cooperation between different parties. Moreover, at the international level, the sums are even greater. For this reason, an arbitrator accepts a unique responsibility when making a certain decision. In accordance with the latest statistics, the recent most notable conflicts resolved with the help of arbitration operated about $4 billion8.

Besides, the greater the sum that is demanded as compensation to a certain problem is, the stronger the desire to win the disputed and obtain the reward could be. That is why very often arbitrators become the main aim of unfair agents who want to gather their support by suggesting certain benefits. It is evident that in case the transaction charge is very high, an arbitrator is tempted by overwhelming amounts of money. For this reason, the unique importance of the financial aspect of the functioning of the given system preconditions is vulnerability to corruption. Usually, one of the parties alleges corruption trying to obtain a competitive advantage. In such a case, the financial aspect of the functioning of arbitration contributes to its gradual corrupting and inability to act as a fair and efficient tool.

In the UAE

As for the arbitration in the UAE, the given practice is also topical here. In accordance with the latest alterations to the legal environment peculiar to the state, arbitration turns out to be an efficient tool that should be used by the parties to a dispute in case some problematic issues appear9. Due to the numerous efforts aimed at the improvement of the situation in the given sphere, arbitration became a popular method of dispute resolution in the UAE.

There is a specific legal framework that is created to support its functioning and assure that actors will remain in the legal environment. Besides, there are the following arbitral institutions in the UAE: Dubai International Arbitration Centre; DIFC London Court of International Arbitration; Abu Dhabi Conciliation and Arbitration Centre; Ras Al-Khaimah Commercial and Arbitration Centre, etc. 10

The appearance of these institutions is preconditioned by the increased UAEs engagement in the international affairs and its need for efficient tools to resolve conflicts. Thus, “recent trends have demonstrated a willingness of parties to arbitration, to submit to a broader range of general commercial matters, rather than just specialist disputes.” 11 For this reason, the UAE joins the New York Convention that regulates the given sphere and establishes the similar legal environment. Unfortunately, it also means that the problems peculiar to the international arbitration system and corruption also become topical for the UAE.

Corruption

As we have already stated, the modern society suffers from a number of problems and corruption could be considered one of them. It is defined as illegal actions performed by an actor that possesses a certain authority. It often comes from patronage and is associated with immoral, incompatible, or wrong ethical standards and bribery. According to the latest investigations, corruption deteriorates the functioning of the modern society greatly, and in case an efficient solution to the given problem is found, the quality of peoples lives will at least double12. The given fact evidences the scale of the problem and its widespread.

There is hardly a sphere of human activity not deteriorated by corruption. The problem becomes even more complex in case great amounts of money are involved. For this reason, the international relations could be considered one of the main issues that cultivate corruption because of numerous benefits that might result from the acquisition of a certain competitive advantage. Parties use unfair competition and other methods to impact authorities and alter their decision-making.

Origins

The origins of the corruption in the modern society could be traced back to the times when the existing model of the cooperation between parties and influential actors was established. The fact is that this question has always been an ongoing issue for the human society. However, the scale of the problem we observe today is unique. It could be considered a backbone of numerous mechanisms that determine the further evolution of the modern society. The fact is that the revitalization of the economy peculiar to the end of the 20th century gave rise to the blistering increase of incomes as well as the level or rivalry13.

Realizing the great potential of engagement in the international discourse, actors wanted to remain beneficial and acquire a certain competitive advantage. Different methods and approaches were used to attain success and corruption became one of the common things that were expected to promote the development of a certain business venture. This approach fastened this social stigma at the state level and preconditioned its further rise.

Causes

Among the main causes for the appearance of the corruption, investigators tend to consider the nature of patterns that are explored in the international relations, peculiarities of peoples mentalities, business models, drawbacks in the system that is expected to monitor the issue, peoples inclinations for alleging corruption, etc.14 Besides, delving into the issue, it is crucial to determine the most important factors that precondition the deterioration of the situation to be able to find an efficient tool to eliminate it. The fact is that the corrupted system gives rise to corrupted mechanisms.

The given chain is very difficult to break. Once having faced unfair competition or corruption, a person realizes that he/she is not able to go against it and starts to use the same patterns to become successful and obtain benefits using illegal schemes and approaches. Thus, to eliminate corruption, deep reorganization of the modern society and the main mechanisms that regulate its functioning is needed.

Laws

The same reasoning could be used to demonstrate the low efficiency of the laws that are created to monitor the functioning of different agencies and authorities and eliminate corruption. The fact is that the realization and observation of a certain law implies a human factor that could not be excluded from these processes. As practice shows, the power and authority deprave an individual, and he/she becomes vulnerable to corruption.

For this reason, the majority of the modern laws and approaches that are created to limit corruption remain inefficient. The funds devoted to struggle against the given problem are stolen and used for some private issues. The same situation could be observed in the sphere of arbitration. The unique importance of the issue and its ability to serve disputes characterized by great investments make it the main aim of individuals who allege corruption and use it to promote their own interests. Nevertheless, the majority of the investigators admit the fact that the anti-corruption laws remain inefficient as they do not alter the nature of the system.

Struggle

In this regard, the question of the struggle against corruption becomes one of the main issues of the modern society. The fact is that any state experience significant losses that come from the unfair competition, patronage, etc. Besides, statistics show that illegal business and other illegal actions cause great damage to the developing economy of different states and slow down the pace of their development15. The same statement could be applied to the sphere of arbitration.

The rise of corruption deprives actors of the opportunity to engage in the struggle for success using legal methods. For this reason, the struggle against corruption becomes the main priority that demands great resources and a well-thought-out plan that could be applied to guarantee the alteration of the situation in the sphere and its significant improvement within next several years. Only under these conditions, the further evolution of the society could be guaranteed. However, in case the problem is disregarded, the new forms of corruption could appear.

In the UAE

As for the UAE, the situation also remains complex. Like any other modern state involved in the international cooperation, it also suffers from the corruption that is used in different spheres to guarantee the acquisition of a certain competitive advantage. Besides, if to compare the situation here with other countries, the state could be considered the least corrupt country in the Arab world. The UAE is able to create a business-friendly environment that stimulates people to act not breaking the laws and trying to engage in the fair competition.

The UAE Penal Code also presupposes severe punishments for bribery, patronage, and other forms of corruption. However, foreign companies that work here should obtain the support of the local sponsors, and it could sometimes be difficult. Thus, the information about corruption in the state is not complete because of the censorship related to the issue16. However, considering the fact that the UAE joins the international efforts to eliminate corruption, the issue could be considered essential for the state.

International business. Current state

As it has already been mentioned, today arbitration is mainly used in the sphere of business to resolve disputes that appear between different actors. However, considering the tendency towards the globalization and appearance of global corporations, the international relations become the main sphere that explores the given mechanisms of dispute resolution. Besides, the current international business could be described as an extremely beneficial kind of activity which serves as one of the main sources of incomes both for private actors and states.

For this reason, the amount of money that is devoted to the given aspect of human activity could be compared to budgets of different states. In this regard, the probability of fraud and unfair competition increases significantly. Recent investigations show that the unregistered income could be even higher than the official one17. This becomes possible mainly due to the spread of corruption. The usage of illegal schemes in the international relations and arbitration contributes to the appearance of numerous problems in the sphere.

Incomes

Thus, the global corporations like IBM, Apple, etc. obtain multimillion incomes annually. The same goes with other corporations participating in the international relations and making deals. The given kind of cooperation presupposes the appearance of numerous disputes because of the clash of interests and increased rivalry. In other words, stable and high incomes result in the increased tension in the sphere and appearance of conflicts that should be solved using arbitration as the only tool to consider the parties arguments and provide an appropriate solution. In case the party fails to prove the credibility of its arguments and is not able to protect its position, the losses will be significant.

For this reason, arbitration is also considered one of the ways to win the dispute by making an arbitrator promote a certain companys position. There are different schemes that could be used; however, the result remains the same. Today, arbitration remains an integral part of the corrupted system that is explored to protect the interests of those companies or actors which have a certain authority.

Interests

The interests of the above-mentioned corporation also precondition the way the international business evolves today. The fact is that giant capitals and great authority contribute to the increased ability to impact the majority of the processes related to the international discourse. Arbitration is not an exclusion. Statistics show that in cases with one party holding more powerful position, the majority of solutions were favorable to this very party18.

However, it does not mean that its arguments were more convincing. Yet, it could indicate the fact that trying to protect its interests, an actor alleged corruption and gathered an arbitrators support by suggesting certain benefits in case the decision is favorable. Furthermore, the patronage among arbitrators became an integral part of the system that was expected to provide fair solutions and resolve conflicts in the most appropriate way. In this regard, we could observe the inability of the arbitration to protect interests of all actors in the most appropriate way.

Ground for corruption

On the contrary, at the moment arbitration serves as the ground for the further evolution of corruption in the sphere. The majority of actors facing unfair competition and unfair solutions made by arbitral tribunal almost have no opportunities to appeal to reconsider the results of the case and attain success. There are several reasons for this statement. First of all, the costs could be too high, and it is easier to accept the current decision.

Moreover, considering the great power of companies that try to promote their interests using arbitration, the appeal to reconsider results might be dangerous for a weaker actor as this authority could be used to create new barriers. In this regard, the unfair arbitration creates the ground for the further rise of corruption and even cultivate it as unfair decision alleges unfair competition and makes other actors follow the same pattern when trying to attain success and protect their interests.

Problems

For this reason, the following problems in the international business and arbitration system could be determined. First of all, great incomes precondition the appearance of the unfair competition aimed at the preservation of the advantageous state and promotion of the further companys rise. Moreover, the increased power of the international corporations and actors involved in the given discourse preconditions the further rise of corruption.

Under these conditions, arbitrators become vulnerable as they are impacted by numerous agents who want to gather their support. It is possible to assume that the current level of corruption peculiar to arbitration is one of the main problems of the international system or relations as fair solutions could hardly be expected. At the same time, there are numerous efforts to introduce efficient monitoring mechanisms that will be able to alter the situation in the given sphere and contribute to its significant improvement. Arbitrators play a significant role in this process as they are expected to reconsider the unfair patterns that are used to attain success.

Arbitrators in combating corruption

In general, the monitoring of the international financial relations and investments is not the main aim of the arbitration system. As stated previously, it was introduced with the main goal to attain efficient conflict resolution and introduce a solution appropriate for all parties. However, the complexity of the current situation preconditions the appearance of the additional function which is the observation of the main laws and regulations that exist in the sphere. Thus, the current legal framework implies arbitrators ability to eliminate corruption by indicating its cases and reporting to arbitral tribunals19.

Thus, in the majority of cases, corruption might appear in two ways. First, when one of the parties allege unfair competition by raising the issue and trying to impact an arbitrator. It is the first and the most obvious way. However, there is the second possible variant when arbitrators might become suspicious of certain arguments and conditions that are outlined by the parties to the arbitration20. In both these cases, arbitrators possess enough authority to identify the case of corruption and perform certain steps to report and eliminate it. However, due to the above-mentioned peculiarities of the system, in real life conditions, arbitrators very often turn out to be inefficient when trying to solve this problem or just prefer not to notice them21.

Impact

Besides, the current arbitrators impact on corruption and the role they play in combating corruption could be considered insignificant. The fact is that possessing the needed authority, they still could hardly alter the situation because of their vulnerability and the tendency towards the deterioration of the situation in the sphere. For instance, in case an arbitrator refuses to accept the needed solution, he/she might be replaced by the parties to the dispute22.

The given practice contributes to the usage of illegal patterns and frauds. Moreover, very often arbitrators engage in unfair and illegal activities and promote interests of certain agents of companies. Considering these facts, it is possible to say that at the moment arbitrators contribution to struggling against corruption is minimal as they remain the part of the system and obtain benefits. However, there are some new tendencies towards the empowerment of their position and appearance of the attempts to deprive actors of an opportunity to use loopholes in the law or other opportunities for fraud.

Alterations

Besides, investigators of the issue state that the elimination of corruption in the international business relations is impossible without the reconsideration of the role and impact of arbitrators. The fact is that the long-term character of the issue and its ability to resist any alterations introduced to struggle against it, indicate the necessity of radical measures that will be able to shift priorities from actors increased impact to arbitrators ability to make decision independently, not suffering from the attempts to reconsider the results of a certain case or gather support. For this reason, the alterations should be aimed at the gradual reorganization of existing arbitral tribunals with the purpose to minimize the probability of threat.

The modern laws that regulate the functioning of the given sphere create the basis for this process. For instance, in accordance with the New York convention that was created to regulate the given sphere, arbitrators have to remain independent and impartial to be able to provide a fair solution. The alterations should be aimed at the limitation of contacts between an arbitrator and the parties to the dispute to eliminate any probability of fraud.

Tendencies

Furthermore, observing the current tendencies peculiar to the given sphere, we could admit the appearance of the first attempts to resist the overwhelming rivalry peculiar to the sphere. Thus, in the UAE, the existing governmental regulations contribute to the creation of the legal environment that could be used by parties to the disputed to resolve their problems using the arbitration as an efficient tool.

The given success was attained due to the high level of incomes peculiar to arbitrators as in such a case their vulnerability decreases23. Moreover, the functioning of the above-mentioned agencies like Dubai International Arbitration Centre; DIFC London Court of International Arbitration; Abu Dhabi Conciliation and Arbitration Centre, helps to monitor the situation in the sphere and struggle the corruption. Another factor that slows down the pace of its spread is the great overall level of incomes peculiar to the state. Being one of the most fast-growing regions of the world, the UAE possess a large capital that is devoted to different issues. For this reason, the usage of illegal schemes to attain advantageous state is complicated.

Results

Besides, we could now admit the unsatisfying results peculiar to the sphere. The fact is that arbitration is not able to struggle against corruption in the form it exists nowadays. There are several reasons for this statement; however, one of the main aspects that deteriorate its functioning is the widespread of corruption and its ability to impact the majority of the processes that occur in the given sphere. In this regard, facing the cases of unfair competition or actors attempts to allege corruption, arbitrators are not able to respond properly.

They feel a certain lack of the authority as well as the unique pressure that come from actors which possess great authority. That is why the reconsideration of the current approach is crucial. There is a need for new more efficient schemes to create barriers for corruption and assure that arbitrators will be able to report any cases of this issues manifestation. Only under these conditions, some improvement could be observed.

Anti-corruption investigations

Nevertheless, the necessity of the alterations is obvious to numerous researchers who tend to investigate the sphere and suggest their own way of solving the given problem. Yet, the majority of specialists working in the sphere come to the conclusion that to improve the situation, arbitrators empowerment along with strict monitoring are needed24. Moreover, these investigations also try to determine the most frequently used schemes that are used by those who allege corruption in the sphere as the enhanced comprehending of the issue results in the creation of efficient remedies to struggle against it.

Aim

Thus, the main aim of the greater part of these investigations is to outline the solution that could be used by arbitrators or specialists working in the sphere to improve the current situation and make it more efficient. Moreover, the majority of these solutions have a hypothetical character which means that their realization is hardly possible in the real-life conditions because of the need for numerous resources and radical alterations to the structure of the modern society and patterns used in the international cooperation and partnership.

Impact

For this reason, the positive impact of these researches in not obvious. On the one hand, they contribute to the enhanced understanding of the nature of the issue and its role in the modern society. On the other, no real solutions are suggested, and these investigations just demand additional funding. Furthermore, the impact of these instigations is also deteriorated by the lack of motivation among authorities to alter the situation and change the patterns that are now used in the sphere.

Arbitrators

As for arbitrators, they also could hardly benefit from increased number of investigations in the given sphere. There are numerous suggestions of the way an arbitrator should act to be able to eliminate corruption; however, they are detached from reality as the current legal environment leaves few chances for an arbitrator to attain crucial alterations in the behavior of certain processes. Moreover, he/she also suffers from the high pressure of authorities who dictate the rules.

Tendencies

Nevertheless, the tendency towards the increased number of investigations devoted to the sphere and funds used to eliminate corruption could be considered a good sign. It means that the society realizes the pernicious impact this social stigma has on the evolution of the international relations and tries to get rid of it by studying the main causes for its appearance and evolution. In this regard, the preservation of the tendency could help to attain success and achieve the at least slight improvement.

Conclusion

Altogether, today we could observe the increased topicality of corruption and its pernicious impact on the majority of the modern issues. Thus, the rise of globalism preconditioned the increased importance of the international business and arbitration as one of the attempts to regulate it and guarantee fair dispute resolution. However, the given tool turns out to be inefficient because of arbitrators inability to impact the situation and their engagement in schemes that presuppose unfair competition. Numerous investigations of the problem do not improve the situation as they do not suggest any efficient solution. For this reason, some radical approach is needed.

Bibliography

Cave B, ‘‘ (Lexology. 2015). Web.

‘Corruption Statistics’ (Transparency International). Web.

Fleury R, ‘‘ (Kluwer Arbitration Blog. 2015). Web.

Llamzon A, ‘‘ (2008) 102(9) ASOIL. Web.

Mujic E, ‘ ‘ (Department of Law, 2013). Web.

Uluc I, ‘Corruption in International Arbitration’ (2016) SJD Dissertations. Web.

‘‘ (Business Anti-Corruption. 2016). Web.

Footnotes

  1. ‘Corruption Statistics’ (Transparency International). Web.
  2. Inan Uluc, ‘Corruption in International Arbitration’ (2016) SJD Dissertations. Web.
  3. Raul Fleury, ‘Do Arbitrators Have an ex Officio Duty/Right to Self-Investigate Corruption?’ (Kluwer Arbitration Blog. 2015). Web.
  4. Bryan Cave, ‘ Bribery and Corruption in International Arbitration’ (Lexology. 2015). Web.
  5. Ibid.
  6. Aloysius Llamzon, ‘The Control of Corruption through International Investment Arbitration: Potential and Limitations’ (2008) 102(9) ASOIL. Web.
  7. Ibid., 173.
  8. ‘Corruption Statistics’ (Transparency International). Web.
  9. Emina Mujic, ‘ Corruption in International Commercial Arbitration” The Right of the Arbitrator to Conduct Self-initiated Investigation of Corruption’ (Department of Law, 2013). Web.
  10. ‘United Arab Emirates Corruption Report’ (Business Anti-Corruption. 2016). Web.
  11. Ibid.
  12. Corruption Statistics’ (Transparency International). Web.
  13. Inan Uluc, ‘Corruption in International Arbitration’ (2016) SJD Dissertations. Web.
  14. Emina Mujic, ‘Corruption in International Commercial Arbitration” The Right of the Arbitrator to Conduct Self-initiated Investigation of Corruption’ (Department of Law, 2013). Web.
  15. ‘Corruption Statistics’ (Transparency International). Web.
  16. ‘United Arab Emirates Corruption Report’ (Business Anti-Corruption. 2016). Web.
  17. Raul Fleury, ‘Do Arbitrators Have an ex Officio Duty/Right to Self-Investigate Corruption?’ (Kluwer Arbitration Blog. 2015). Web.
  18. Emina Mujic, ‘Corruption in International Commercial Arbitration” The Right of the Arbitrator to Conduct Self-initiated Investigation of Corruption’ (Department of Law, 2013). Web.
  19. Aloysius Llamzon, ‘The Control of Corruption through International Investment Arbitration: Potential and Limitations’ (2008) 102(9) ASOIL. Web.
  20. Ibid., 176.
  21. Ibid., 176.
  22. Bryan Cave, ‘Bribery and Corruption in International Arbitration’ (Lexology. 2015). Web.
  23. Emina Mujic, ‘ Corruption in International Commercial Arbitration” The Right of the Arbitrator to Conduct Self-initiated Investigation of Corruption’ (Department of Law, 2013). Web.
  24. Ibid., 12.
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