1 November 2024: 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.
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:
- Identifying the potential/asserted red flags.
- Validating or confirming (or negating) the red flags.
- 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.