Corruption is the cancer of international commerce. By its very nature, it is notoriously difficult to combat, yet its eradication is essential to healthy trading relations. The ICC is only too aware of this need and has long pursued a vigorous campaign against corruption. This Special Supplement brings a particular focus to that campaign by looking at corruption in the context of arbitration.

Ten years have passed since the ICC's previous publication on the subject, Arbitration - Money Laundering, Corruption and Fraud, which inaugurated the new collection of Dossiers of the ICC Institute of World Business Law. During those ten years the fight against corruption has intensified. Several key instruments at both worldwide and regional levels, including the United Nations Convention against Corruption, have entered into force. World leaders have endorsed the fight against corruption at G20 summits. The ICC, too, has redoubled its commitment. Through its policy commission on corporate responsibility and anti-corruption, it has created new resources to help guard against corruption. These and the many other initiatives undertaken within and outside the ICC are charted in a contribution to this Supplement by François Vincke, vice-chair of the commission.

Such initiatives and increased media interest in the subject have alerted parties in international business transactions to the gravity of corruption. It is consequently an issue that sometimes arises in the disputes to which such transactions give rise. One of the greatest challenges for arbitrators is how to obtain and assess evidence of practices that are inherently secret. The awards published and discussed in this Supplement illustrate how arbitrators have approached the key questions of standard of proof and circumstantial evidence. They include extracts from awards in ten hitherto unpublished ICC cases between 2001 and 2009. In the two accompanying commentaries Vladimir Khvalei proposes a blueprint to help arbitrators identify circumstances that may point to, confirm or disprove suspicions of corruption, while Christian Albanesi and Emmanuel Jolivet extend the discussion to other related issues including jurisdiction, due process, remedies and the institution's response to corruption.

The fight against corruption takes place on many fronts and depends on the action and commitment of organizations and individuals at all levels. Arbitration has its part to play in that fight. It is hoped that this Special Supplement will be of practical assistance to all players in this challenging but crucial endeavour.

Andrea Carlevaris

Secretary General

International Court of Arbitration