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Introduction Corruption allegations have blossomed as an area of interest in international arbitration since at least 2006, when an International Centre for Settlement of Investment Disputes tribunal found that a claimant s conduct in procuring an investment contract through bribery was sufficient as a matter of law and international public policy to render any claim under that contract unsustainable (World Duty Free versus Kenya). Since then, numerous other published awards have shown that states are increasingly relying on allegations of corruption to defend treaty and commercial claims. Despite this trend, no established approach exists for the standard of proof that applies to such allegations. However, recent awards, such as that rendered in Vale versus BSG Resources Limited, show that while corruption is always a serious accusation, the standard of proof applicable in arbitration should be no higher than the standard required in other civil cases.

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