IPBA 2021

Arbitration and Corruption: How to Deal with Hints of Bribery and Money Laundering

Organised by: Anti-Corruption and Rule of Law Committee, Dispute Resolution & Arbitration Committee

Session abstract: Corruption is a persistent bane of world economy and increasingly affecting international commercial and investment arbitration, posing challenges and even risk for all participants (arbitration institutions, arbitrators, counsel, in-house counsel) alike. The session aims to raise awareness of these challenges and risks and to show ways how to deal with them on the basis of the 2019 Toolkit for Arbitrators on Corruption and Money Laundering in International Arbitration of the Basel Institute on Governance (https://arbcrime.org/a-toolkit-for-arbitrators).

Topics to be discussed: Impact of corruption on substantive matters; impact of alleged or demonstrated corruption on the arbitral process; the role of international arbitration in fighting corruption; interplay between arbitration proceedings and internal compliance proceedings

Moderators

Felix Dasser
Partner
Homburger AG
Zurich

Prof. Dr. Felix Dasser LL.M. (Harv.) is a senior partner in the Litigation / Arbitration practice of the Swiss law firm Homburger. His practice focuses on the resolution of international commercial and investment disputes. He advises on dispute resolution strategies, acts as counsel and arbitrator and often appears as expert witness on Swiss law.

Dr. Simone Nadelhofer
Partner
LALIVE SA
Zurich

Simone Nadelhofer joined LALIVE in 2009 and is a partner in our litigation team based in our Zurich office. She specialises in complex domestic and cross-border proceedings and investigations, including fraud and white-collar crime, asset recovery, international mutual assistance in criminal and tax matters and international sanctions. She advises clients on crisis management, compliance and remedial action and is regularly retained by corporate clients to lead large-scale domestic or multijurisdictional internal investigations. She also advises clients on conducting investigations into harassment allegations (#MeToo), business and human rights and ESG-related disputes.

Simone Nadelhoferis Corporate Counsel Forum Liaison Officer of the IBA’s Business Crime Committee, Chair of the Anti-corruption and the Rule of Law Committee at the Inter Pacific Bar Association (IPBA) and a member of the advisory board of the Master Economic Crime Investigations studies at the Lucerne University. Furthermore, Simone Nadelhofer acts as the external ombudsperson for tesa SE. Simone Nadelhofer is a member of several professional associations, including the Swiss Association of Experts in Economic Crime Investigation, the Zurich and Swiss Bar Association and the European Criminal Bar Association (ECBA).

Before joining LALIVE, Simone Nadelhofer practised in Zurich as an attorney with renowned law firms, as a foreign attorney with an international law firm in New Delhi, India (2002-2003) and as legal counsel with a major Swiss bank (2001-2002).

She regularly publishes and speaks at conferences on her areas of specialisation.

Simone Nadelhofer holds a PhD., summa cum laude, from the University of Lucerne, for which she was awarded the Professor Walter Hug prize and the Universitätsverein Lucerne prize in 2008. She also holds a Master of Advanced Studies in Economic Crime Investigation from Lucerne Business School (MAS ECI, 2007). She trained with a major law firm in Zurich (2001-2002) and graduated from the University of Freiburg in 1999 (lic. iur., bilingual, summa cum laude). She was a lecturer on Criminal Law at Lucerne University.

Speakers

Ge Huangbin
Director
LVM Law Chambers LLC
Singapore

Ge Huangbin is an Independent Arbitrator and Mediator with over 13 years of experience. He is also counsel for private disputes in the realm of commercial, telecommunications, infrastructure, energy and commodities disputes and contracts. He is currently a director at LVM Law Chambers LLC.

Michael Peer
Partner
Head of Dispute Advisory South East Asia
Singapore

Michael is a PwC Partner dealing with disputes and investigations. He is responsible for engagements across South East Asia. He is an expert, and arbitrator, on accounting and quantum issues in a wide range of industries. He has testified on matters involving sanctions, money laundering and bribery.

Dr. Arthur Dong
Partner
AnJie Law Firm

Dr. Arthur Dong has over 25 years of practice as a PRC lawyer. He focuses on complex matters of international commercial arbitration and cross-border litigation. Arthur also has rich experience of acting as arbitrator and mediator.

Sahil Kanuga
Co-head
International Dispute Resolution & Investigations Practice

Known for his analytical and meticulous approach, Sahil has worked on an array of complex matters including Indian and international arbitrations. Sahil has been recognized as Future Leader – Who’s Who Legal Guide: Arbitration 2021. Acknowledged as ‘client focused’ and ‘solution orientated’.

Dr. iur. Kathrin Betz
Attorney at Law
betz law
Basel

Dr. iur. Kathrin Betz is attorney at law in Basel, Switzerland. She is a lecturer for criminal law at the University of Basel and co-founder of the Competence Centre Arbitration and Crime. She has written the first draft and co-led the drafting and production process of the Toolkit for Arbitrators on Corruption and Money Laundering.

Nudra B. Majeed
Barrister
NBM Law Chambers
Lahore

Nudra B. Majeed qualified as a Barrister in England and Advocate in Pakistan. She initially practised in London in international arbitration with Johnny Veeder at Essex Court Chambers. Since 2016, she has been practising as a civil / commercial litigator, mediator and counsel in arbitration in Pakistan.