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The
arbitrator's duty when wrongdoing is suspected
Paris,
2 October 2003 - The dilemma confronting arbitrators when they
suspect money laundering, fraud or bribery is dissected in ICC's Book
of the Month for October.
Arbitration - Money
Laundering, Corruption and Fraud -- gives a full account of the 2002
Annual General Meeting of the ICC Institute of World Business Law in Paris,
which focused on this single thought-provoking topic.
The text of presentations
and a selection of questions and comments are included, providing the
readers with answers to such key questions as:
- Are arbitrators
bound to report cases of money laundering or fraud to competent national
authorities if they suspect that something is wrong?
- Should counsel
report someone coming to them for advice?
- The implications
of money laundering, corruption and fraud for the arbitral process.
Serge Lazareff, Chairman
of the ICC Institute, writes in a foreword: "We found that the papers
and discussions centered around the duty of the arbitrator when money
laundering is suspected, the duty of the parties, but also duty to society
in general.
"Laws today tend
to implicate lawyers in the reporting not only of offences which clearly
have been committed, but also suspected offences. This raises the fundamental
question of the freedom of the lawyer and of the arbitrator."
Arbitration - Money
Laundering, Corruption and Fraud may be ordered from ICC Publishing, in
Paris, online from the ICC Business Bookstore, or from ICC national committees
around the world.
Arbitration - Money
Laundering, Corruption and Fraud may be ordered
from ICC Publishing, in Paris, online from the ICC
Business Bookstore, or from ICC
national committees around the world.
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