Author: Thomas Valenti

Tom Valenti is an attorney, arbitrator, mediator, trainer and conflict resolution practitioner based in Chicago, IL, but offering services globally.

In principle, if corruption is establish

In principle, if corruption is established in an international commercial arbitration, the contract is invalid and void, and the claimant is entitled to no legal remedy. In international treaty claims against states evidence of corruption can lead to the tribunal declining jurisdiction, or considering the claim to be inadmissible. As Judge Gunnar Lagergren said, in an ICC arbitration award made as long ago as 1963 in which he dismissed a claim brought under a contract involving the payment of bribes, “a case.. involving such gross violation of good morals and international public policy, can have no countenance in any court.. nor in any arbitral tribunal.” http://ow.ly/L1HS300a3dj