editor@inter-nauka.com
Personal cabinetInternational commercial arbitration/mediation and risks of corruption in this institution (reasons, avoidance methods)
Bibliographic description of the article for the citation:
Тетяна Манайку. International commercial arbitration/mediation and risks of corruption in this institution (reasons, avoidance methods)//Science online: International Scientific e-zine - 2020. - №9. - https://nauka-online.com/en/publications/jurisprudence/2020/9/mizhnarodno-komertsijnij-arbitrazh-mediatsiya-ta-riziki-koruptsiyi-v-danij-ustanovi-prichini-metodi-uniknennya/
Annotation: The article is devoted to the problems of resolving disputes with criminal elements in international commercial arbitration, starting with the possibility of such consideration, its limits and the results of arbitration proceedings. The well-known cases of international arbitration tribunals dealing with criminal offenses are analyzed. It is concluded that it is impossible for the arbitration to consider the merits of the case with criminal law elements and the impossibility to oblige to perform the contract, which is based on illegal actions. But this institution can establish the very fact of committing a criminal act, which qualifies as a criminal offense, as well as award compensation / damages.