There has been much debate in recent years about the difficulties of proving corruption in international arbitration. How should corruption be defined in an international context? What is the correct standard of proof to be applied in circumstances where tribunals lack some of the powers of national courts to compel evidence? Who should bear the burden of proving corruption and can the existence of red flags justify a reversal of that burden?
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This article was first published in Law360, 2 June 2023, and may be found on the Law360 website here.
