Ordine pubblico internazionale e corruzione:questioni aperte in tema di natura del lodo e di raggiungimento della prova

The decision of the court of appeal of Paris raises two questions. The first question is related to the nature of the effects of the partial award, in the light of the fact that its content consists of the settlement agreed between the parties in the course of the arbitral procedure: the so called «sentence arbitrale d’accord parties» (“award by consent”). The second question, which is at the core of the decision of the court of appeal, draws attention on a topic which is well-known in the practice of international arbitration: the challenge to the award on the ground of breach of public order because of the corruption of the arbitrator. This essay takes into consideration this question with special focus on the proof of corruption and on the scope of the power of the judge seised of the appeal against the award on the ground of breach of public order. With regard to the latter issue two conflicting needs have to be balanced, such as the guarantee of effectiveness of the international arbitration, on the one hand, and the need for respect of the international public order of the jurisdiction seised, on the other. The conclusion is then reached that in order to ensure the right balance between these conflicting needs the violation of the public order required to justify the denial of recognition and enforcement of the award must be significantly high