In the framework of its Lectures series, the MIDS had the pleasure to welcome Lucinda A. Low, President of the American Society of International Law (ASIL) and partner at Steptoe & Johnson LLP, last 1st March 2018.
Ms Low delivered a vivid and provocative lecture titled "Dealing with Corruption Issues in Arbitration: the Use (and Risks of Abuse) of Red Flags Analysis".
This talk explored issues of proof of corruption in international arbitration, both commercial and investor-state, with a particular focus on the so-called “red flag” analysis (sometimes also referred to as faisceaux d’indices). What are red flags and what function should they play in the analysis and assessment of anti-corruption risks? To what extent are they “evidence” or simply risk indicators that must be explored and confirmed in order to find corrupt practices? What is the effect of multiple red flags on the analysis? Ms Low examined the use and limitations of red flags, drawing from recent decisions of arbitral tribunal such as Metal-Tech v. Uzbekistan and Spentex v. Uzbekistan, as well as commercial cases.
Sunday, 25 February 2018
Maison de la Paix, Auditoire I. Pictet
Chemin Eugène-Rigot 2, Genève