International Arbitration Survey 2024: Arbitration and the Challenges of Corruption

For over ten years, BCLP’s International Arbitration Group has conducted surveys on issues affecting the arbitration process including: rights of appeal (2020), expert evidence (2021), the reform of the Arbitration Act 1996 (2022), and the use of artificial intelligence in arbitration (2023).

This year’s survey topic is corruption and the challenges it creates for arbitration.

Corruption is a complex social, political, and economic phenomenon. Despite international efforts to combat corruption, it continues to affect all countries and to infiltrate all business sectors. Corruption remains one of the biggest challenges facing international commerce and, as a result, allegations of corruption regularly feature in transactions disputed in international arbitration.

The recent, much-publicised court decisions arising from the arbitration between Process & Industrial Developments Limited and The Federal Republic of Nigeria have highlighted the challenges of arbitrating corruption allegations.  The survey canvases views on whether the arbitration process is sufficiently robust to deal with those challenges or if changes need to be made to reinforce the integrity of the arbitration process and protect it from the risk of abuse.

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The closing date for the survey is 31 July 2024.