Dealing with Accusations of Illegality in International Arbitration: Dutch Perspectives on the Interaction Between Private Law and Criminal Law Standards

Abstract

This article finds that private and criminal law standards differ greatly – both in terms of evidence and in terms of applicable substantive norms. On the basis of an assessment of the interaction between criminal and private law standards under Dutch arbitration law, it submits that in the private law assessment of allegations of illegality, evidentiary and substantive criminal law standards should play a more prominent part. To this end, it considers arguments of system coherence, legal policy and the rule of law. international arbitration, illegality, corruption, fraud, evidence, public policy