Combating the Abuse of International and Domestic Arbitration and Alternative Dispute Resolution Mechanisms in Corruption Offenses

Ahmad Ali Alkhudhair 1, & Rashid A. Alhajeri 2

https://doi.org/10.62271/171.153.165

Abstract

Past decades have seen more and more risks of corruption infiltrating private judiciary entities, including arbitration and alternative dispute resolution (ADR) mechanisms, which are integral to resolving disputes outside traditional courts. Ensuring the integrity of these institutions is essential to maintaining public trust and their credibility. The absence of robust safeguards exposes these mechanisms to exploitation by criminals and organized crime, threatening their operational reliability. It is therefore important to identify key vulnerabilities, including insufficient client due diligence programs, lack of integrity standards for arbitrators, mediators, and conciliators, and inadequate preventive frameworks in many jurisdictions. Advocating for legislative reforms and proactive measures, this study emphasizes the importance of securing these mechanisms to preserve their role as trusted and effective tools for justice.

Keywords: Corruption crimes, arbitration integrity, alternative dispute-resolution, judiciary service vulnerability, due diligence programs, legislation on arbitration.