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The Impact of Corruption on International Commercial Contracts

2015-08-29 Law
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Release : 2015-08-29
Genre : Law
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Book Rating : 547/5 ( reviews)

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Book Synopsis The Impact of Corruption on International Commercial Contracts by : Michael Joachim Bonell

Download or read book The Impact of Corruption on International Commercial Contracts written by Michael Joachim Bonell. This book was released on 2015-08-29. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

Civil Consequences of Corruption in International Commercial Contracts

2014
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Release : 2014
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Book Synopsis Civil Consequences of Corruption in International Commercial Contracts by : Padideh Ala'i

Download or read book Civil Consequences of Corruption in International Commercial Contracts written by Padideh Ala'i. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. § 201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the OECD Convention). The FCPA does not have a private right of action, but FCPA investigations and convictions have led to collateral civil actions, and it is predicted that as FCPA prosecutions increase in number, such collateral FCPA actions will also continue to increase. There is no federal law prohibiting private sector bribery per se, but thirty-seven states have enacted "commercial bribery" statutes that criminalize bribery and corruption on the state level. In addition, at the federal level, there are a variety of criminal and civil statutes that allow private parties to address corruption, including, but not limited to, mail and wire fraud statutes, securities and anti-trust laws, and the Travel Act. Furthermore, federal government contracts can be voided under certain criminal conflict of interest statutes. Finally, there are contract law principles that have found utility in instances where a contract has been tainted due to actual bribery or potential breach of fiduciary duty, such as illegality, public policy, and unclean hands.

Corruption in International Trade and Commercial Arbitration

2004-01-01 Law
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Release : 2004-01-01
Genre : Law
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Book Rating : 362/5 ( reviews)

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Book Synopsis Corruption in International Trade and Commercial Arbitration by : Abdulhay Sayed

Download or read book Corruption in International Trade and Commercial Arbitration written by Abdulhay Sayed. This book was released on 2004-01-01. Available in PDF, EPUB and Kindle. Book excerpt: Descreve como a corrupção é julgada na arbitragem comercial internacional. Procura explicar porque não há uma uniformidade na política arbitral em relação à corrupção. Analisa casos relativos à corrupção e arbitragem. Examina a legislação sobre corrupção, assim como convenções internacionais relevantes.

The Effects of Corruption in International Commercial Contracts

2014
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Release : 2014
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Book Synopsis The Effects of Corruption in International Commercial Contracts by : Maksymilian Pazdan

Download or read book The Effects of Corruption in International Commercial Contracts written by Maksymilian Pazdan. This book was released on 2014. Available in PDF, EPUB and Kindle. Book excerpt: The report was prepared for the XIXth International Congress of Comparative Law (Vienna 2014). It is devoted to the civil law consequences of corruption under Polish law. It starts with explaining the criminal law framework relating to bribery laid down in Poland. Polish legislator deals with it extensively prohibiting both the corruption in public and in private sectors. Poland is also a party to various international conventions to that effect.The paper focuses on the influence, which corruption has on the private law contracts. Generally, a contract tainted by bribery is treated as invalid under Polish law. However, this might not be the case in each and every situation. If one of the parties to the transaction was not aware of the criminal nature of the behaviour of the other party to that transaction, the criminal law might not step in so as to invalidate the transaction in question.The report than continues to discuss the consequences of the invalidity of illegal contracts. In that respect modern Polish law provides for a specific solution. This is because Polish law is not based on the in pari delicto principle, known to most of the other European legal systems. Rather, when the performance of the contract is considered immoral, the possibility of forfeiture by the State Treasury arises. The issue is decided by the court in light of the circumstances of each case. When the contract is tainted by corruption, this means that the bribe would often be forfeited for the benefit of the State.

Arbitration and Corruption

2021-07-12 Law
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Release : 2021-07-12
Genre : Law
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Book Rating : 350/5 ( reviews)

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Book Synopsis Arbitration and Corruption by : Andrea Meier

Download or read book Arbitration and Corruption written by Andrea Meier. This book was released on 2021-07-12. Available in PDF, EPUB and Kindle. Book excerpt: Corruption is one of the main obstacles to sustainable development and has a significant negative impact on a country’s productivity. In this book, which reproduces the transcribed presentations and lively discussions at the 2019 Annual Conference of the Swiss Arbitration Association (ASA), four panels including internationally known arbitration practitioners, criminal lawyers and accountants exchange views on the causes, costs, and impacts of corruption not only on society but also on the arbitral process and the arbitral profession. Among the many facets of corruption, the contributors address the following: legal framework of corruption and applicable law; cost of corruption from an economic perspective; jurisdiction and the arbitrability of issues of corruption; aspects of corruption that are specific to arbitration in specific business sectors; cases involving corrupt arbitrators, experts, and witnesses; establishing correctness or incorrectness of suspicion of corruption; bringing issues of corruption before the parties; and judicial scrutiny of corruption-tainted arbitral awards at the setting aside and enforcement stage. The authors, all of them prominent in representing the full range of business sectors active in international arbitration, provide matchless practical guidance in dealing with challenges associated with corruption in arbitration. Among much else, they deal with ‘red flags’ likely to indicate suspicious relationships, effective strategies to employ when confronted with a corruption-tainted contract and reporting suspicion of corruption and the related risk of personal liability. All of this invaluable material will be greatly appreciated by practising arbitrators, corporate counsel, arbitration institutions, and concerned academics.

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