Reference : International Arbitration and National Criminal Proceedings: Presentation Given to th...
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Law, criminology & political science : Economic & commercial law
Law / European Law
http://hdl.handle.net/10993/54068
International Arbitration and National Criminal Proceedings: Presentation Given to the Luxembourg Arbitration Association, 30 June 2020
English
Happold, Matthew mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL) >]
2-Dec-2020
University of Luxemborg
University of Luxembourg Law Working Paper No. 2020-020
15
No
Luxembourg
Luxembourg
[en] Arbitration ; Criminal law ; Bribery
[en] This paper examines how arbitral proceedings and domestic criminal processes can interact; how parties to arbitrations have attempted to use domestic criminal proceedings to advance their interests; and how arbitral tribunals can and should respond to such attempts. It concludes that arbitral tribunals must take account of concurrent national criminal proceedings but cannot defer entirely to them. This is not only because they undertake a different role but also because national authorities cannot always entirely be trusted. In turn, this means that tribunals can find themselves between Scylla and Charybdis, so that arbitrators must be skillful navigators to get safely to their destination: an enforceable award.
Researchers ; Professionals ; Students ; General public
http://hdl.handle.net/10993/54068
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3708152
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3708152

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