GARAJOVÁ, Michaela. THE ISSUE OF CORRUPTION IN THE INTERNATIONAL TRADE-QUESTIONING THE ARBITRATORS’ JURISDICTION? PEOPLE: International Journal of Social Sciences. GRDS PUBLISHING, 2018, 2018/4, 2/2018, p. 1-16. ISSN 2454-5899.
Other formats:   BibTeX LaTeX RIS
Basic information
Original name THE ISSUE OF CORRUPTION IN THE INTERNATIONAL TRADE-QUESTIONING THE ARBITRATORS’ JURISDICTION?
Authors GARAJOVÁ, Michaela.
Edition PEOPLE: International Journal of Social Sciences, GRDS PUBLISHING, 2018, 2454-5899.
Other information
Type of outcome Article in a journal
Confidentiality degree is not subject to a state or trade secret
WWW URL
Keywords in English Arbitrability, Arbitration, Corruption, Jurisdiction, Public Policy
Tags International impact, Reviewed
Changed by Changed by: Mgr. Michaela Garajová, Ph.D., učo 407720. Changed: 23/1/2019 20:27.
Abstract
Corruption and a private dispute resolution - two disciplines that have nothing in common? Contrarily. The area of international trade is, as a consequence of liberalization and globali- zation, free of many economical, legal and physical barriers between countries today. The international cooperation between subjects of different states and the exchange of goods and services is going hand in hand with a risky growth of international criminal activities. The jurisdiction of national judges has been limited in this field since the existence of an alternative dispute resolution that is more suitable to the global and commercial needs and claims. The aim of this paper is to analyze whether it is appropriate, in the context of the internation- al arbitration proceedings, to raise an issue of corruption that may have affected or otherwise distorted the performance of a contract. The conclusion of this paper reveals that such issues should be permitted to be raised by the arbitrators in arbitral proceedings since the principal decision-making powers of the arbitrators in the area of international trade is undeniable.
Links
MUNI/A/1124/2017, interní kód MUName: Riešenie sporov dotknutých korupciou v medzinárodnej obchodnej arbitráži
Investor: Masaryk University, Category A
PrintDisplayed: 21/7/2024 11:26