Foley Hoag will be hosting a panel on Corruption & International Arbitration: Dangers, Powers, and Duties in a Dynamic World, as part of Paris Arbitration Week, featuring a selection of firm speakers and external guest speakers.

In an initial one-hour session, our speakers will address some of the turmoil surrounding corruption enforcement. Adam Safwat, a former Department of Justice Senior Prosecutor for Foreign Corrupt Practices Act (FCPA) matters will address the U.S. Government’s recent decision to pause enforcement of the FCPA and the possible direction for future FCPA enforcement, as well as the new initiative by the French, Swiss and UK anti-corruption authorities in response to the US decision on the FCPA.   The speakers will look at how these actions might affect the prosecution of corruption by American and European regulators, in, inter alia, the energy, defence and construction sectors. This session will also address the commercial consequences of corruption enforcement developments: how do decisions, judgments and findings on corruption affect acceleration clauses in financing agreements? What is their impact on insurance coverage? How do they interact with termination clauses? The session will conclude with Transparency International providing its latest insights on corruption perceptions around the world.

The second one-hour session will consider how these corruption policy developments might impact international arbitration and address the evolving treatment of corruption in international arbitrations.  Notably, domestic courts reviewing arbitration awards in many jurisdictions are becoming increasingly willing to overturn awards where claimants are alleged to have acquired rights through corruption, with some like the UK Court in P & ID v. Nigeria placing the onus on arbitrators and counsel to play an active role in addressing corruption. How have courts in different jurisdictions decided whether to overturn arbitral awards for reasons related to corruption? What are the responsibilities, if any, of arbitrators, counsel, parties, and institutions involved in international arbitration when it comes to corruption? And, what tools are being effectively deployed by tribunals to make findings of corruption in international arbitration?

The event will end with a networking cocktail-style reception.

The boat will remain docked for the duration of the event.