Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Arbitraje Civil Y Mercantil En México, Max Garcia, Jusey Martinez Carrasco
Arbitraje Civil Y Mercantil En México, Max Garcia, Jusey Martinez Carrasco
Max Garcia Sanchez
No abstract provided.
Effect Of Bribery In International Commercial Arbitration, Harshad Pathak, Pratyush Panjwani, Divya Srinivasan, Punya Varma
Effect Of Bribery In International Commercial Arbitration, Harshad Pathak, Pratyush Panjwani, Divya Srinivasan, Punya Varma
Harshad Pathak
The issue of bribery in international commercial arbitration throws up complex issues throughout the proceedings. The given paper addresses the three procedural concerns associated with claims tainted by bribery – arbitrability, admissibility, and investigative powers of arbitral tribunal. Regarding arbitrability, it is amply clear that claims tainted by bribery are no longer non-arbitrable in nature. However, an arbitral tribunal ought to proceed to the merits of the dispute only in the circumstance that such claims are found to be admissible before the tribunal. With respect to admissibility of such claims, the authors suggest that if bribery is shown to exist, …