Abstract

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.

Department

Law Department

Degree Name

LLM in International and Comparative Law

Date of Award

2-1-2014

Online Submission Date

December 2014

First Advisor

Sayed, Hani

Committee Member 1

Matouk, John

Committee Member 2

Paolin, Gianluca

Document Type

Thesis

Extent

47 p.

Library of Congress Subject Heading 1

Corruption -- Egypt.

Library of Congress Subject Heading 2

Arbitration (Administrative law) -- Egypt.

Rights

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.

IRB

Not necessary for this item

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