Dorsey attorneys Theresa Bevilacqua (Partner), Margot Laporte (Partner), and Manuel Cornell (Associate) contributed to the US portion of the Guide to Addressing Corruption Allegations in Arbitration Disputes assembled by Navacelle in Paris and PPU Legal in Colombia. Per Navacelle, "this guide aims at providing a comprehensive understanding of how different countries handle allegations of corruption in the course of arbitration disputes."
Theresa, Margot, and Manuel provide detailed answers to several questions including the following:
- Can allegations of corruption serve as a bar to jurisdiction of arbitral tribunals or admissibility of claims?
- Can allegations of corruption affect the validity of an arbitral award?
- In annulment or enforcement proceedings, can the court review the award and the merits to determine whether corruption or related offences affect the underlying dispute?
- Which method do arbitrators and reviewing courts employ to establish evidence of corruption?
- Are remedies available when an arbitral tribunal rules that there is no evidence of corruption but subsequently a criminal ruling decides otherwise?
The full guide is available online.