Galimai padarytos nusikalstamos veikos paaiškėjimo arbitraže teisiniai padariniai

Direct Link:
Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Language:
Lietuvių kalba / Lithuanian
Title:
Galimai padarytos nusikalstamos veikos paaiškėjimo arbitraže teisiniai padariniai
Alternative Title:
Legal consequences of determination in arbitration that allegedly crime was commited
In the Journal:
Teisė. 2017, t. 105, p. 155-169
Keywords:
LT
Arbitražas.
EN
Arbitration.
Summary / Abstract:

ENThis article examines the issues related to the determination during the arbitration that a crime allegedly was committed. It is possible that parties decide to use arbitration in order to hide or legalise their criminal activities due to the fact that the principle of confidentiality is one of the cornerstones of arbitration. The question arises what powers would have the arbitral tribunal, arbitral institution and national court when during the course of arbitration, they become aware of that fact. In order to reveal the before mentioned issues, the author examines doctrine and case-law of foreign countries. The author also examines the Lithuanian national regime and doctrine to ascertain what rights would arbitrators, judges and arbitral institutions would have when they suspect the commitment of crime. The article concludes that neither the arbitral tribunal, nor arbitral institution have an obligation to report the suspicions to the law enforcement agencies and only the judge has this duty despite the stage of the proceedings. Arbitrators, however, have an obligation to react in order to protect transnational public policy and the integrity of international commercial arbitration. Depending on the factual circumstances the arbitral tribunal should refuse jurisdiction, to dismiss the claim or to annul the illegal contract. [From the publication]

DOI:
10.15388/Teise.2017.105.11127
ISSN:
1392-1274; 2424-6050
Subject:
Permalink:
https://www.lituanistika.lt/content/68297
Updated:
2018-12-17 14:15:41
Metrics:
Views: 4
Export: