International commercial arbitrator addressing money launderingsua sponte

Todor Kolarov

Journal of Money Laundering Control, 2021, vol. 25, issue 3, 637-644

Abstract: Purpose - The purpose of this paper is to evaluate the existing legal basis, and its practical application, of an arbitrator’s competence to raise on her own initiative money laundering issues. Design/methodology/approach - The research focusses on presenting the essence of the problem through evaluation of the legal basis for the arbitrators to raise money laundering concerns on their own initiative and the examples of so being done in international commercial arbitration. Findings - This paper concludes that arbitrators do not presently have a solid legal basis that authorises them to actsua sponteagainst money laundering. Originality/value - The originality and value of this paper lies in its emphasis on theoretical and practical issues related to money laundering in international commercial arbitration. It argues in favour of an explicit recommendation to be incorporated in the 2012 Recommendations of the Financial Action Task Force (FATF) that international commercial arbitrators address money laundering on their own initiative.

Keywords: Money laundering; International commercial arbitration; 2012 Recommendations of the Financial Action Task Force (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jmlcpp:jmlc-05-2021-0052

DOI: 10.1108/JMLC-05-2021-0052

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