Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/34085
Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Corruption in international commercial arbitration-Domino effect in the energy industry, developing countries, and impact of English public policy
Author(s): Okoli, Pontian
Keywords: International commercial arbitration
New York Convention
UK Arbitration Act
public policy
English courts
developing countries
energy industry
Issue Date: 21-Mar-2022
Date Deposited: 28-Mar-2022
Citation: Okoli P (2022) Corruption in international commercial arbitration-Domino effect in the energy industry, developing countries, and impact of English public policy. Journal of World Energy Law and Business. https://doi.org/10.1093/jwelb/jwac006
Abstract: Corruption has relentlessly posed a major challenge to investors especially in developing countries. However, less attention has been focused on such developing countries from the standpoint of individuals who are indirectly affected by corrupt practices. The relationship between international commercial arbitration, the role of domestic courts, and the enforcement of obligations has come under more scrutiny with large awards. Successful parties bring many award enforcement proceedings in England because of the invaluable assistance which English courts provide. Sometimes, there may be allegations of corruption with respect to these awards that parties seek to enforce. In this context, English court decisions have significant implications for many parties around the world. However, the traditional narrow interpretation of public policy has come under increasing strain. This article examines how English courts have navigated the matrix of fraud, corruption, and public policy – overlapping areas which parties exploit in international commercial arbitration. There is a major argument in favour of striking a balance between various institutional, governmental and people's interests in dealing with difficult cases.
DOI Link: 10.1093/jwelb/jwac006
Rights: VC The Author(s) 2022. Published by Oxford University Press on behalf of the AIPN. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited.
Notes: Output Status: Forthcoming/Available Online
Licence URL(s): http://creativecommons.org/licenses/by/4.0/

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