Arbitration & ADR Commission

Red Flags or Other Indicators of Corruption in International Arbitration

  • 1 November 2024

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In its latest release, the ICC Commission on Arbitration and ADR provides a step-by-step approach to identifying and assessing corruption in arbitration proceedings. The publication responds to frequent calls from the arbitration and anti-corruption communities for guidance on addressing corruption in international arbitration.

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Featured in the ICC Dispute Resolution Bulletin, this document assists arbitral tribunals, corporate users of ICC Dispute Resolution Services, arbitration practitioners, and anti-corruption and compliance officers, when alerted by red flags of corruption in the context of an arbitration either by  

  1. parties raising allegations of corruption either affirmatively or as a defence or  
  1. arbitral tribunals, sua sponte, developing concerns about possible corruption. 

Assessing red flags in three steps 

The proposed three-step methodology constitutes an innovative approach to address issues of corruption in international arbitration and promotes understanding of red flags or other indicators, their use and limits as a tool in establishing a corrupt practice.  

The three-step methodology evaluates potential or asserted red flags by: 

  1. Identifying the potential/asserted red flags.   
  1. Validating or confirming (or negating) the red flags.   
  1. Assessing red flags from the perspective of the law on evidence.   

The document forms part of the ongoing work and report of the Task Force on Addressing Issues of Corruption in International Arbitration of the ICC Commission on Arbitration and ADR. 

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