How to prove corruption in international arbitration, – Olena Perepelynska shared her view at the RAA40 seminar in Moscow Events

On September 28, INTEGRITES partner Olena Perepelynska acted as one of the main experts at the Moscow seminar on bribery and corruption in international arbitration “Bribery and Corruption: Assessing the Wrong in Arbitration”. The event was organized by the Arbitration Association 40 (RAA40).

The discussion focused on the issues of proving the facts of corruption in international arbitration: which party bears the burden of proving corruption, exactly how does the tribunal assess such allegations and how, ultimately, does the established fact of corruption influence the further course of the case?

In particular, Olena Perepelynska described cases where the parties can use the argument about corruption as defence and delay tactics to escape from payment obligations under the contract. Based on vivid examples of Ukrainian and international practice in the settlement of such issues, Olena demonstrated how arbitrators resolve such pleas.

The example of arbitral settlement of the sports dispute about a “contractual” football match of 2008 became the cherry on the cake of Olena’s speech.  Inter alia, she mentioned the issues of the admissibility of illegally obtained evidence confirming the fact of fix up.

Arbitration Association 40 (RAA40) is a professional group aimed to popularize arbitration among young professionals and provide its members with opportunities for professional development. To achieve this goal RAA40 is implementing a number of projects, in particular, holding regular seminars on the most pressing issues of arbitration. It is the part of the Arbitration Association (RAA).

Partner of INTEGRITES Olena Perepelynska is a member of the RAA Board Member and Fellow of the Chartered Institute of Arbitrators (FCIArb). Olena is listed as arbitrator at leading arbitration institution in Austria, Belarus, the Czech Republic, Georgia, Hong Kong, Kazakhstan, Kyrgyzstan, Lithuania, Malaysia, Poland, Romania, and. Vietnam. She is also member of the Prague Rules Drafting committee.

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