Addressing Corruption Allegations in International Arbitration

Brody K. Greenwald is a partner in the International Arbitration practice at White & Case LLP. He represents clients in high-stakes, complex international disputes arising under bilateral investment treaties, the Energy Charter Treaty, NAFTA, CAFTA-DR, contracts, and national investment laws. He received his J.D. from University of Chicago Law School.Jennifer A. Ivers is an Attorney-Advisor in the Office of the General Counsel at the U.S. Department of Commerce, and previously was an associate in the International Arbitration practice at White & Case LLP where she represented clients in investment treaty arbitrations. She received her J.D. from the Georgetown University Law Center.

• Addressing Corruption Allegations in International ArbitrationBrody K. Greenwald and Jennifer A. IversAbstractKeywordsI IntroductionI Despite Longstanding Efforts to Combat Corruption, It Remains Endemic in Much of the WorldI The Requirements for Establishing CorruptionV The Burden and Standard of Proof for Allegations of CorruptionV From Theory to Practice: Proving Corruption in Investment ArbitrationI The Consequences of Corruption in International ArbitrationI Objections Based on Attribution and Estoppel Where the State Does Not Prosecute the Alleged CorruptionI ConclusionBibliography