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As international
arbitration’s popularity rises, arbitral tribunals are increasingly confronted
with issues traditionally handled by courts – specifically, issues relating to
corruption and other forms of wrongdoing. However, there is consensus that the
tools available to arbitral tribunals have limited efficacy (or none at all) in
examining evidence relating to corruption, particularly when there are third
parties. The recent decision of the English High Court in Nigeria v. Process
& Industrial Developments Ltd (P&ID), however, introduces a new
obligation on arbitrators to investigate allegations of corruption more
seriously. Considering the importance of English law in international
arbitration, this decision has truly wide-reaching implications for how
arbitrators should address such allegations.