Le 27 novembre 2019, lors du GAR Live Paris 2019 (Global Arbitration Review), le professeur Mathias Audit – associé de Steering Legal Paris et professeur à l’université de Paris I Panthéon Sorbonne – intervient sur le thème : Corruption, illegality and compliance in arbitration.
Présentation de l’intervention : Corruption, illegality and compliance in arbitration: are we talking about the same animal and where do we stand?
With the latest episode in the Tapie case making news and the Alstom Paris Court of Appeals decision being rendered in recent months, it seems timely to touch base on issues of fraud, white collar crimes and compliance in relation to arbitration.
The panel is expected to discuss, among other topics:
– What are the various situations parties can face in this respect and who has the burden of proof?
– What are the roles and responsibilities of the various actors in an international arbitration, including notably, the arbitrators, the counsel and the arbitral institution?
– Are we noticing any specific trend in the treatment of corruption and illegality allegations in investment arbitration, as opposed to in commercial arbitration?
– Where should the cursor be placed on, respectively, arbitral and judicial activism, in situations where there is an allegation or suspicion that the contract that is the subject of the arbitration was obtained by corruption? Are we seeing any evolution from a comparative law perspective?
– How should arbitrators deal with allegations that certain evidence in a case was illegally obtained and/or has been fabricated or improperly altered or manipulated?
L’évènement, organisé autour de l’arbitrage, se déroule pour la 7° année.
– Lieu : 15 Rue de Laborde 75008, Paris, France
– Date : mercredi 27 novembre 2019, de 9h à 18h