Summary
- At LIDW 2026, a panel from 39 Essex Chambers and Field Fisher explored the complex interplay between arbitration and corruption, highlighting the implications of the Economic Crime and Corporate Transparency Act, 2023 (ECCTA).
- Solicitor Natalie Quinlivan emphasized the need for coherent strategies in managing overlapping legal processes to mitigate risks associated with inconsistent narratives and potential criminal exposure.
- The discussion also addressed the arbitral tribunal's responsibilities regarding corruption concerns, noting that current laws do not mandate action against corruption but suggest a growing expectation for tribunals to engage in red-flag analysis.
- The evolving landscape may lead to increased costs and procedural complexities as stakeholders adapt to heightened scrutiny and self-regulation in arbitration practices.
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