论仲裁员面临的欺诈问题(英文)

通过仲裁程序来洗钱和进行其他形式的欺诈在仲裁中鲜有发生,但一旦出现将为仲裁员带来一大难题。研究这个领域的学者是极少的,本文将分析他们关于仲裁员调查欺诈的方法以及当欺诈被发现时仲裁员应如何处理的建议。这些学者着眼于若干个独立的关键问题。然而,笔者认为如果能够合并审视这些问题,并据此形成足供仲裁员于面临仲裁中欺诈时的参考,如此整合式的思考,应是更好解决此一难题的方法。本文将关注以下重点:仲裁员的义务、仲裁员处理欺诈的方法、当欺诈被觉察时的处理方法,以及向有关机关汇报欺诈和保密义务的遵守之间的关联。本文将据此作出结论:当一个仲裁员发现当事人有利用仲裁程序来洗钱或者其他形式欺诈的嫌疑时,他应即进行调查,而不应该将问题留待司法机构依照司法程序解决;仲裁员在欺诈发生时,有义务即时调查处理。然而,有些仲裁员对其是否应就仲裁中欺诈即时调查处理,并不确定。因此确定此义务的存在,有助于釐清仲裁员的疑问。笔者认为,当一个仲裁员确信欺诈切实发生时,他应暂停据此协议而为之仲裁程序,并且即时将相关信息通知有关当局。     

Book Reviews

Book reviewed in this article: STRIKES: Studies in Twentieth Century Australian Social History. Edited by John Iremonger, John Merrit and Graeme Osborne. THE STUART AFFAIR. By Sir Roderic Chamberlain. THE EVIDENCE OF THE BIGGE REPORTS: New South Wales under Governor Macquarie. Selected and edited by John Ritchie. HISTORICAL RECORDS OF PORT PHILLIP: The First Annals of the Colony of Victoria. Edited by John J. Shillinglaw. THE MACQUARIE DECADE: Documents illustrating the History of New South Wales 1810–1821. AUSTRALIAN NAVAL ADMINISTRATION 1900–1939. By R. Hyslop. CRISES AND AUSTRALIAN DIPLOMACY. By C. Bell. BRITISH DEFENCE POLICY EAST OF SUEZ. By P. Darby. DEFENCE PERSPECTIVES. Edited by K. Keith. THE MODERNISATION IMPERATIVE AND INDIAN PLANNING. By Baldev Raj Nayar. INDIA'S DEMOCRACY. By A.H. Hanson and Janet Douglas. London, Weidenfeld and Nicolson, 1972. Pp. 236. Two tables. $9.65, $4.35 paper. GANDHI'S RISE TO POWER: Indian Politics 1915–1922. By Judith M. Brown. EVERY FIFTH CHILD: The Population of China. By Leo A. Orleans. THE CHINESE YOUTH PARTY 1923–1945. By Chan Lau Kit-ching. WAGE PATTERNS AND WAGE POLICY IN MODERN CHINA 1919–1972. By Christopher Howe. THE INTERNAL POLITICS OF CHINA 1949–1972. By Jüirgen Domes. THE STRAITS SETTLEMENTS, 1826–67: Indian Presidency to Crown Colony. By C.M. Turnbull. VITI: An Account of a Government Mission to the Vitian or Fijian Islands 1860–1861. By Berthold Seemann; edited by Philip A. Snow. Colonial History Series Number 85. THE FOUNDERS OF CANTERBURY. Edited by Edward Jerningham Wakefield; and an introduction by Peter Burroughs. Colonial History Series Number 86. A VOYAGE TO AND FROM THE ISLAND OF BORNEO. By Daniel Beeckman; and an introduction by Chin Yoon Fong. Colonial History Series Number 87. CONFLICT BEHAVIOUR AND LINKAGE POLITICS. Edited by Jonathan Wilkenfeld. POLITICAL DECISION-MAKING PROCESSES: Studies in National, Comparative and International Politics. Edited by Dusan Sidjanski. THE POLITICS OF MOTION: The World of Thomas Hobbes. By T.A. Spragens jr. DEPENDENCE AND OPPORTUNITY: Political Change in Ahafo. By John Dunn and A.F. Robertson. THE PRICE OF LIBERTY: Personality and Politics in Colonial Nigeria. By Kenneth W.J. Post and George D. Jenkins. FROM RESISTANCE TO REVOLUTION: Colonial Radicals and the Development of American Opposition to Britain, 1765–1776. By Pauline Maier. ELITE ACCOMMODATION IN CANADIAN POLITICS. By Robert Presthus. THE SELECTION OF NATIONAL PARTY LEADERS IN CANADA. By John C. Courtney. THE INFLUENCE OF THE UNITED STATES ON CANADIAN DEVELOPMENT: Eleven Case Studies. Edited by Richard A. Preston. ANGLO-AMERICAN POLITICS, 1660–1765: The Relationship between Parties in England and Colonial America. By A.G. Olson. THE ECONOMICS AND POLITICS OF SOCIALISM: Collected Essays. By Wlodzimierz Brus. THE SOVIET UNION IN WORLD AFFAIRS: A Documented Analysis, 1964–1972. By W.W. Kulski. HITLERS STRATEGY 1940–41: The Balkan Clue. By Martin L. van Crefeld. HITLERS FREE CITY: A History of the Nazi Party in Danzig, 1925–39. By Herbert S. Levine. FRENCH CAPITALISM IN THE NINETEENTH CENTURY. By Guy P. Palmade. Translated with an Introduction by Graeme M. Holmes. THE POLICE AND THE PEOPLE: French Popular Protest, 1789–1820. By R.C. Cobb. TURGOT ON PROGRESS, SOCIOLOGY AND ECONOMICS. Translated, edited and with an introduction by Ronald L. Meek. LAFAYETTE IN THE FRENCH REVOLUTION: From the October Days through the Federation. By Louis Gottschalk and Margaret Maddox. THE MEN OF THE FIRST FRENCH REPUBLIC: Political alignments in the National Convention of 1792. By Alison Patrick. THE PRO-BOERS: The Anatomy of Antiwar Movement. Edited with an introduction by Stephen Koss. THE BALANCE POINT BETWEEN LOCAL AUTONOMY AND NATIONAL CONTROL. By S.E.M. Sadek. UMNAO AND THE PRICE OF LASTING PEACE. By Edgar Ansel Mowrer and Lillian T. Mower.     

Economic Competition between Professional Bodies: The Case of Auditing

Building on Romano's recent analysis of the United States securitiesregulatory regime, we model competition between professionalauditing associations. We show that such competition is an effectivesubstitute for government regulation, providing an efficientmeans for auditors to signal their service quality. Competitionis likely to lead to stability in the market for auditing services,with neither a "race to the top" nor a "race to the bottom."Monopoly rents are unlikely to be earned by auditors or theirprofessional organizations, and government intervention canbe limited to ensuring that the professional organization'sdisciplinary actions are costly enough to be effective.