LCIA YIAG and UAA: round table focused on the issue of corruption in international arbitration
On 2 November 2017, the day befoer the annual conference Kyiv Arbitration Days: Think Big!, a roundtable discussion on the topic of "Illegality and corruption in International Arbitration" organized by LCIA YIAG and the Ukrainian Arbitration Association (UAA) was held at Kyiv's INTEGRITES office
The speakers and moderators of the event were British and Ukrainian practitioners and experts in international arbitration, including Olena Perepelynska, partner and head of CIS arbitration practice of INTEGRITES, President of the Ukrainian Arbitration Association, Yaroslav Petrov, Asters (Kyiv), regional representative of LCIA YIAG in Ukraine, Ania Farren, Berwin Leighton Paisner (London), James Freeman, Allen & Overy LLP (London), Evgeniya Rubinina, Freshfields Bruckhaus Deringer LLP (London), Stephanie Balsys, Withers LLP (London).
The key points discussed at the event covered:
- Standards in burden of proof;
- Influence of corruption on the contract in connection with which the dispute arose;
- The validity of the arbitration agreement in the event of corruption;
- The admissibility of illegally obtained evidence;
- The role of representatives of the parties in the question of the admissibility of evidence;
- Corruption and illegally obtained evidence in investment arbitration;
- The duty of the arbitrators to report to the state authorities on the facts of corruption, and many other related issues.
Participants of the round table were specially attracted by on-line workshop of Matthew Stone, a representative of the London Court of International Arbitration, on changes implemented to the tribunal’s secretaries processes in LCIA arbitrations.
Over 40 participants of the event had an opportunity to compare the experience of England and Ukraine in resolving issues related to corruption, to understand which principles should be applied, and what strategy to choose for the client in case there is a question of proving the fact of corruption.