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Do arbitrators have a duty to report corruption? Maybe . . . Maybe Not

This paper explores whether arbitrators’ have a duty to report corruption or not. It is divided into two parts. In part one, the paper presents the legal status of arbitrators by introducing the contractual, judicial and hybrid theories. Also, it examines the national laws of the US, Egypt, a...

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Main Author: Alobaidi, Hussain
Format: Thesis
Published: AUC Knowledge Fountain 2014
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access_status_str Open Access
author Alobaidi, Hussain
author_browse Alobaidi, Hussain
author_facet Alobaidi, Hussain
author_sort Alobaidi, Hussain
collection Thesis
dc_rights_str_mv The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.
description This paper explores whether arbitrators’ have a duty to report corruption or not. It is divided into two parts. In part one, the paper presents the legal status of arbitrators by introducing the contractual, judicial and hybrid theories. Also, it examines the national laws of the US, Egypt, and Saudi Arabia to establish whether there is a legal duty to report or not. In the second part, the paper defines both confidentiality and public policy, and shows where the conflict between the two exists. On the one hand, arbitrators have a duty to protect confidentiality. On the other hand, arbitrators have a duty to insure the award will be enforced and that the contract does not contradict public policy. With this in mind, the paper will present five cases where the competent governments knew about the corruption, yet they did not prosecute the perpetrators. The paper concludes with the contention that arbitrators have no legal duty to report corruption.
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institution American University in Cairo (Egypt)
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from AUC Knowledge Fountain — bepress
publishDate 2014
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spelling oai:fount.aucegypt.edu:etds-1867 Do arbitrators have a duty to report corruption? Maybe . . . Maybe Not Alobaidi, Hussain This paper explores whether arbitrators’ have a duty to report corruption or not. It is divided into two parts. In part one, the paper presents the legal status of arbitrators by introducing the contractual, judicial and hybrid theories. Also, it examines the national laws of the US, Egypt, and Saudi Arabia to establish whether there is a legal duty to report or not. In the second part, the paper defines both confidentiality and public policy, and shows where the conflict between the two exists. On the one hand, arbitrators have a duty to protect confidentiality. On the other hand, arbitrators have a duty to insure the award will be enforced and that the contract does not contradict public policy. With this in mind, the paper will present five cases where the competent governments knew about the corruption, yet they did not prosecute the perpetrators. The paper concludes with the contention that arbitrators have no legal duty to report corruption. 2014-02-01T08:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/868 https://fount.aucegypt.edu/context/etds/article/1867/viewcontent/auto_convert.pdf The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. Theses and Dissertations AUC Knowledge Fountain Corruption Arbitration
spellingShingle Corruption
Arbitration
Alobaidi, Hussain
Do arbitrators have a duty to report corruption? Maybe . . . Maybe Not
title Do arbitrators have a duty to report corruption? Maybe . . . Maybe Not
title_full Do arbitrators have a duty to report corruption? Maybe . . . Maybe Not
title_fullStr Do arbitrators have a duty to report corruption? Maybe . . . Maybe Not
title_full_unstemmed Do arbitrators have a duty to report corruption? Maybe . . . Maybe Not
title_short Do arbitrators have a duty to report corruption? Maybe . . . Maybe Not
title_sort do arbitrators have a duty to report corruption maybe maybe not
topic Corruption
Arbitration
url https://fount.aucegypt.edu/etds/868
https://fount.aucegypt.edu/context/etds/article/1867/viewcontent/auto_convert.pdf
work_keys_str_mv AT alobaidihussain doarbitratorshaveadutytoreportcorruptionmaybemaybenot