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Corruption in the procurement of contracts as a counterclaim in Vantage v. Petrobras (2018): repercussions of operation car wash in Brazil on international commercial arbitration

Abstract

The main scope of the article is to detail the repercussions of Operation Car Wash in Brazil on international commercial arbitration procedures in Vantage v Petrobras (2018), with regards to the defense allegations that corruption in the securing of a contract deem it void or voidable. In this sense, it was wondered: how Car Wash reflected on commercial arbitration in Vantage v. Petrobras? The hypothesis is that its reflex was limited, with partial and possible prejudice to Petrobras’ defense in the arbitration. The study exposes the procurement of an agreement to provide drilling services in deep waters by Vantage to Petrobras, the Car Wash task-force, and it also deals with the arbitral procedure initiated by Vantage upon unilateral termination of the leasing contract obtained through corruption. It is a qualitative research, conducted through the inductive method, which employs descriptive analysis and bibliographical review. We conclude that Operation Car Wash had repercussions on the international arbitration, consistent with the findings of the investigation and plea deals motivated the early termination for contractual breaches also, fought by Vantage, but it has not influenced the arbitral award with regards to contractual annulment counterclaims made by Petrobras.

Keywords:
Operation Car Wash; International commercial arbitration; Corruption in contract procurement; Petrobras

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