Special NYIAC Breakfast Seminar on April 7 at 8:30am

In recent years, regulators around the world have increased their focus on investigating and prosecuting corporate corruption. Many nations have recently adopted or enhanced their domestic anti-corruption laws, including the UK, Germany, Spain, Brazil, Canada, China and Mexico. In March 2016, the French government will consider the adoption of a new criminal statute creating deferred prosecution agreements in France. In the United States, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have maintained anti-corruption enforcement as a high priority, initiating scores of investigations and obtaining hundreds of millions of dollars in penalties under the Foreign Corrupt Practices Act (FCPA). Multiple public statements made by DOJ and SEC officials have left no doubt that this emphasis will continue in the future.  The global enforcement of anti-corruption laws has a significant impact on international arbitration.  Among other things, corrupt payments by third-party representatives, such as agents, distributors or consultants, are one of the largest and most uncertain risks to companies that are subject to the FCPA or anti-corruption laws of other countries, and corruption investigations frequently give rise to arbitrations when companies impose moratoriums on the payments of consultants.

The goal of this seminar, which will address both commercial and investment arbitration, is to examine the interplay between corruption investigations and international arbitration from a 360º view.  It will address a broad range of topics, including arbitrability, jurisdiction, admissibility, burden of proof for allegations of corruption, enforcement, and cultural differences in the perspectives of arbitrators.

The seminar will be chaired by Daniel Schimmel of Foley Hoag LLP, with additional speakers to be announced. Stay tuned!