Protection of Domestic and International Arbitration and Alternative Dispute Resolution from Money Laundering

This research aims to mitigate and prevent the transmission of the effects of money laundering to the special judiciary facility, which is the arbitration and the rest of the alternative dispute resolution methods. For individuals, to not lose their confidence in this facility and breach its credibility and integrity. Which it may lead to the reluctance of companies and persons from this facility, and its exploitation by criminals and criminal organizations. The importance of the arbitration facility is that it's a special judiciary whose integrity must be protected and ensured against money laundering crimes. Despite of all, FATF Recommendations (which are considered by most specialists in combating money laundering and terrorism tend to be their constitution to combat these crimes) are not addressed this issue. Most of the international and domestic legislations, to put in place preventive measures and due diligence programs towards the client, and to establish integrity requirements in selecting arbitrators, mediators, and conciliators. Thus, all this effort to ensure the protection of this facility from criminal activities and its passive exploitation to achieve criminal objectives.

Authors

Publication Details

Journal
مجلة الحقوق.
Published
2024-08-08
DOI
https://doi.org/10.34120/jol.v47i3.3065
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Protection of Domestic and International Arbitration and Alternative Dispute Resolution from Money Laundering

Rashid Alhajeri, Ahmad Alkhudhair
مجلة الحقوق.
International Arbitration and Investment Law
article

Protection of Domestic and International Arbitration and Alternative Dispute Resolution from Money Laundering

Rashid Alhajeri, Ahmad Alkhudhair
article en

Abstract

This research aims to mitigate and prevent the transmission of the effects of money laundering to the special judiciary facility, which is the arbitration and the rest of the alternative dispute resolution methods. For individuals, to not lose their confidence in this facility and breach its credibility and integrity. Which it may lead to the reluctance of companies and persons from this facility, and its exploitation by criminals and criminal organizations. The importance of the arbitration facility is that it's a special judiciary whose integrity must be protected and ensured against money laundering crimes. Despite of all, FATF Recommendations (which are considered by most specialists in combating money laundering and terrorism tend to be their constitution to combat these crimes) are not addressed this issue. Most of the international and domestic legislations, to put in place preventive measures and due diligence programs towards the client, and to establish integrity requirements in selecting arbitrators, mediators, and conciliators. Thus, all this effort to ensure the protection of this facility from criminal activities and its passive exploitation to achieve criminal objectives.

مجلة الحقوق.Vol. 47(3)
Peace, Justice and strong institutions
Openalex Percentile: Top 65%
International Arbitration and Investment Law
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Protection of Domestic and International Arbitration and Alternative Dispute Resolution from Money Laundering — Rashid Alhajeri, Ahmad Alkhudhair · مجلة الحقوق. (2024) | TGRS Research Map | TGRS