SIArb is organizing a WEBINAR on “Corruption in International Arbitration” on the 21 May 2024, 5:30pm to 7:30pm (SGT).

About the WEBINAR
“Corruption happens in every society, and is ultimately driven by human nature and greed. There will always be individuals who will be tempted to break the rules. When someone does, we must make sure they are caught and severely dealt with, because otherwise more will be tempted to try.” Prime Minister Lee Hsien Loong, 6 June 2017

Corruption is a worldwide phenomenon and is, unfortunately, endemic in some societies. It is therefore unsurprising that allegations of corruption are sometimes made in international arbitrations – both commercial and investment treaty cases – often as a defence to a claim. Corruption sometimes comes to light only after the arbitration is concluded, giving rise to conflicts between the public interest in rooting out corruption and the public interest in the finality of awards. What, then, is the effect of such allegations on claims and awards, and how (and in which forum) should they be resolved? Can a losing party have a second bite of the cherry by re-litigating corruption allegations during set-aside or enforcement proceedings, or by raising new allegations?

These issues were given particular prominence last year by the decision of the English High Court to set aside a commercial arbitration award for USD 11bn, including interest, based on allegations including bribery relating to the underlying transaction (Process & Industrial Developments Limited v Nigeria [2023] EWHC 2638 (Comm)). Meanwhile, the French Cour de cassation and Paris Court of Appeal have rendered a series of judgments touching on corruption since 2017 to date, including annulments of several awards, which arguably expanded the extent of the court’s review. And what is the impact of the Singapore Court of Appeal’s judgment on transnational issue estoppel (Deutsche Telekom v India [2023] SGCA(I)) for enforcement of awards allegedly tainted by corruption? Our speakers Elodie Dulac, Koh Swee Yen SC (who appeared in Deutsche Telekom v India) and Alexander Milner KC (who appeared in Process & Industrial Developments Limited v Nigeria), will tackle all of these issues, drawing upon decisions from international arbitral tribunals and recent cases from the courts in Singapore, France and England. 

Press HERE to register.