Originally from World Arbitration And Mediation Review (WAMR)

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20th Annual ITA Workshop

Confronting Ethical Issues in International Arbitration
June 18, 2009

ACT II

ACT II – THE ARBITRATION: ETHICAL ISSUES IN
PRESENTING THE CASE
INTRODUCTION TO ACT II SCENE III
James Castello

Thank you very much. The tribunal has had an opportunity to
deliberate on the motions for requested production of documents
that they heard before lunch. They have had a chance to digest it
during lunch. They have been told by Carla Herron that they have
to resolve this quickly and efficiently and do so in a manner that
we will all respect. So without further ado, Chairman Brower, if
you would like to reconvene your panel.
ACT II, SCENE III – ARBITRATION DELIBERATION ON MOTIONS FOR
DISCLOSURE AND POSSIBLE CORRUPTION ISSUES
CHARLES BROWER: Well, my friends, now that we in true
arbitrator style have enjoyed a three-hour lunch, the request of
the parties included a floor show besides, which we listened to
carefully. We have some very interesting matters to deal with, it
seems to me, as a result of this morning’s proceedings.
LUCY REED: Well, I agree that we do, but I think that we should
start with the 300-pound gorilla in the room with us after lunch.
If Seller paid a large percentage fee amount to the consultant, as
Dr. Kremslehner asserted, then it seems to me that bribery may
well have occurred, and we ought to get to the bottom of it before
we start this sanitized discussion of a contract claim that may be
tainted. And I am troubled that nobody brought up the cases like
the Lagergren case or the World Duty-Free case.
AHMED EL-KOSHERI: What do you suggest we do with this
information? As it stands now, the allegation was just thrown out
there by counsel for Buyer in the hearing, without any