Both in investment and in commercial arbitration, it has become more and more frequent that a party raises the objection of corruption, money laundering, fraud or bid rigging. The challenges this presents for arbitrators and parties are considerable: What are the limits of the objection, how do you prove it, how can you fight unfounded allegations? If proven, the problems really only begin: What are the consequences? Is jurisdiction denied or is the issue dealt with on merits? How does one balance a huge claim denied against a doubtful victory, in particular where both parties carry part of the blame?
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