Adjudicating Bribery and Corruption Issues in International Commercial Arbitration

Abstract

Traditional international commercial arbitration has always taken a somewhat narrow view of the issues that are properly subject to arbitration. There is no question that claims such as breach of warranty, failure to deliver, force majeure and the like are arbitrable. This article raises the question of whether it is proper, in the context of an international commercial arbitration proceeding, to raise issues of bribery and other forms of corruption that may have impeded – or entirely halted – the performance of a contract. The article concludes that such issues should be permitted to be raised in arbitration. The nowsignificant number of international treaties and conventions on bribery and corruption demonstrates that the international community does not tolerate such practices. Moreover, there appears to be nothing intrinsic or inherent in the doctrine or processes of international commercial arbitration that would prohibit the raising of these issues. A party who suffers because of acts of bribery and corruption should have his or her voice heard in arbitration.