Corruption is an evergreen and multifaceted hot topic both in international commercial and investor-state arbitrations. Whether the charge is levied against commercial entities, host States, or even the arbitral tribunals themselves, current stakeholders must increasingly grapple with the pernicious effects of corruption in order to ensure procedural and substantive fairness to protect the institution of international arbitration.
Here we will discuss highly-sensitive issues such as the arbitral tribunals’ rights and obligations to investigate corruption and the consequences of positive findings of fraud by the arbitrators. Further, with a pragmatic approach, discussions will include a series of hypothetical scenarios pulled from actual cases to consider the evolving definitions and standards of proof of corruption that have been developed in recent years, including some notable decisions arising from Singapore.