Corruption And Enforcement Of Arbitral Awards

Introduction

Black's Law Dictionary¹ defines corruption as "a fiduciary's or official's use of a station or office to procure some benefit either personally or for someone else contrary to the right of others; an act carried out with the intent of giving some advantage inconsistent with official duties or the right of others.

Corruption in arbitration may emerge in different forms. The underlying contract which gave rise to the dispute referred to arbitration may have been procured through corrupt practices or it may present itself during the arbitral process, for instance allegations of corruption on the part of the tribunal, witnesses or counsel. This article is focused on the former and issues which may arise during the enforcement of such awards.