The Barbados Chapter of the Caribbean Branch of the Chartered Institute of Arbitrators (CIArb) is pleased to invite you to our virtual webinar on the subject matter of corruption in arbitration, to discuss the following themes:
Do arbitrators have a duty to inform the relevant authorities when faced with corruption issues in the arbitral proceedings
Should evidence produced and decisions rendered in parallel proceedings (e.g. criminal proceedings) regarding the same corruption issues at stake in the arbitration have any bearing on the arbitrators' decision?
Does the difficulty to prove corruption justify a special burden and standard of evidence?
What are the consequences in an arbitration if the contract was procured/awarded due to bribes?”
According to the strict meaning of international arbitral law, an arbitrator does not have mandate to inquire into sua sponte investigation of corruption. Such an investigation requires the arbitrator to search for facts, and raise matters which the parties have not presented before the tribunal. This is against the rule stated in Article 34 (2)(a)(iii) of the Model Law. Should an arbitrator conduct such an investigation, the award may be challenged before national court. Corruption can occur in different stages of the arbitral process.
The focus of the discussion will be on contracts tainted by corruption. A distinction is made between corrupt conduct in the course of the arbitral proceedings, and contracts evolving from corruption, or facilitating corrupt behaviour. Corruption evolving from circumstances such as bribery of arbitrators, and of witnesses or appointed experts, will not be considered for this discussion. Further, corruption occurs within several areas of law, but the focus will be on international commercial arbitration, and all discussions are based on arbitrable matters.
This event is free, registration required.
Please note the times listed are in Barbados Time (UTC-4).
Akima Paul Lambert focuses on high -stakes commercial litigation and arbitration. She often works with clients on large, multi -jurisdictional disputes. She has experience in commercial and investment treaty arbitration including under ICSID, the SCC and the LCIA and is dual -qualified in the UK and in the United States. Akima has significant experience acting for financial institutions, corporations and professional firms in litigation and arbitration proceedings arising out of commercial, banking and financial disputes.
Alexandra Johnson is a Partner at Bär & Karrer with 20 years of experience in international arbitration. She has acted as counsel in numerous arbitration proceedings, both ad hoc and institutional (e.g. UNCITRAL, ICC, LCIA, Swiss Rules, CAS) in various matters such as international joint venture agreements, long term gas supply contracts, construction and engineering, distribution and licensing, sale of goods, pharmaceutical, M&A and sport -related disputes. Alexandra has also acted as chair, sole and co -arbitrator in several arbitration proceedings. She is on the panel of arbitrators of the ICC Swiss Commission of Arbitration and ADR.
Cesar Pereira is a partner at Justen, Pereira, Oliveira & Talamini , Sao Paulo (Brazil), head of the firm’s infrastructure and arbitration practice . He is chairman of the CIArb Brazil Branch, and his practice as counsel, arbitrator or legal expert focuses on infrastructure projects, regulated industries and public procurement. Cesar holds a doctorate in public law from PUC -SP (Brazil) and has been a visiting scholar at Columbia University, University of Nottingham and George Washington University. He is on the editorial board of Public Procurement Law Review (Nottingham), on the Vis East Foundation board of directors, and on the roster of arbitrators of several international and Brazilian arbitration centres.
Calvin Hamilton is a Chartered Arbitrator with more than 30 years’ experience and the Chair of the Barbados Chapter of the CIArb Caribbean Branch. He has sat as arbitrator under ICC, ICDR, LCIA, Madrid Court of Arbitration, Zurich Chamber of Commerce, Hungarian Chambers of Commerce and Industry and UNCITRAL Rules in a variety of seats located in the Caribbean, Latin America, USA, Africa and Europe. Calvin is a highly regarded Member of the ICC International Court of Arbitration. His expertise and knowledge lie in Investor State and Commercial disputes arising from administrative and public law, retail and consumer, energy and natural resources, mergers & acquisitions, cross -border transactions including distribution, sale of goods, agency, franchise and transfer agreements, and acquisition of assets and/or shares.
Tunde Ogunseitan is an independent arbitrator. He has substantial practical experience from several international law firms, specialising in dispute resolution, asset tracing, maritime law, insurance, structured finance and debt capital markets. He regularly consults internationally for a variety of arbitral institutions, businesses and firms. Tunde is also a teaching fellow in alternative dispute resolution and international commercial arbitration at various universities in England and France. He is a trustee of ODRAfrica . He is a court member of the Lagos Court of Arbitration (LCA) and currently chairs the LCA Sub Committee on reviewing the LCA Rules. Tunde is a member of the Chartered Institute of Arbitrators Professional Development Advisory Group and is part of its teaching faculty in London. He is also a Fellow of the Chartered Institute of Arbitrators. He was a founding member of the IBA 40 under 40. He led the Common Law jurisdictions as Counsel of the International Court of Arbitration including the United Kingdom, Ireland, the Caribbean, Anglophone Africa, and the Indian subcontinent for over 7 years.