Corruption is a scourge of international trade that arbitrators are facing with increasing frequency, both in investment and commercial arbitration. In the aftermath of the OECD Convention and the numerous instruments that the international community has adopted in the fight against corruption, arbitrators are increasingly attune to the need to draw the consequences of a behaviour that is incompatible with international public policy. This article analyses the evolution of arbitral case law on this subject as well as the numerous questions of a more technical nature (mandatory rules, the formation of transnational rules, evidentiary aspects) that arise from this phenomenon, which remains a prominent and pressing concern.
Revue de l’arbitrage