By 4 March, 2020 0 Comments Read More →

New issue of Arbitration.ru journal has been published

What is corruption? The dictionary defines it as “the moral decay of officials and politicians, expressed in illegal enrichment, bribery, theft and merging with mafia structures”. Russian AntiCorruption Law defines corruption through actions, namely, giving a bribe, receiving a bribe, abuse of authority, commercial bribery or other illegal misuses of an official position contrary to the legitimate interests of society.

Rather similar is the definition of corruption given by the Organization for Economic Cooperation and Development (OECD), referred to by the co-author of “Corruption and Money Laundering in International Arbitration. Toolkit for Arbitrators”, Professor of Criminology, University of Basel, Mark Pieth. The OECD describes corruption as “active or passive misuse of the powers of Public officials (appointed or elected) for private financial or other benefits”.
Corruption is, unfortunately, omnipresent: from South America to Europe. Read the analysis of the Odebrecht saga in Peru by Elina Mereminskaya and Claudio Inostroza or a study on the burden of proof in cases for challenging / setting aside arbitral awards in the UK and other courts by Agis Georgiades to get an insight into what threats corruption poses to international arbitration across different jurisdictions.
Russia is not an exception. Here one would remember the dictionary definition and would firstly talk about corruption in the form of a “merger“ or „fusion“, referring to the fusion of the interests of billionaires, government officials and state-owned banks. In Russia, the access of the establishment-friendly billionaires to administrative leverage creates inequality that leads to the widening of the social rift and tangible impoverishment of the population.
Impuris manibus nemo accedat curiam, or “Let no one approach the court with unclean hands”, warned the Romans. It is reasonable to expect a court or an arbitral tribunal to be free of corruption. It is also reasonable to fight for it. Luckily, now we have more tools and more solid evidence to eradicate corruption. The rest is
a matter of a mindset.

Download the issue.

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