Negotiated Settlements in Bribery Cases
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Negotiated Settlements in Bribery Cases

A Principled Approach

Edited by Tina Søreide and Abiola Makinwa

This thought-provoking book examines the scope, benefits and challenges of negotiated settlements as an enforcement mechanism in bribery cases, and demonstrates the need for a more harmonized and principled approach to deterring corporate bribery. Written by a global team of experts with backgrounds in legal practice, policy work and academia, it offers a truly international perspective, considering negotiated settlements in view of a variety of different legal systems and traditions.
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Chapter 6: Settlements within the World Bank Group Sanctions System

Pascale Hélène Dubois, Kathleen M. Peters and Roberta Berzero

Abstract

Settlement agreements are used in a variety of jurisdictions as an alternative to litigation that can offer parties the opportunity to save time and resources while securing a predictable outcome. This chapter will discuss the use of settlements in the World Bank Group’s (“WBG”) sanctions system since the implementation of a formalized settlement framework in 2010. Starting with an overview of the settlement history and process, the chapter will highlight the key aspects of the WBG’s framework, which has improved the efficiency of settlements and turned them, in appropriate cases, into an asset for the WBG’s investigative arm, the Integrity Vice Presidency (“INT”), as well as countervailing considerations that may be at play for the WBG and entities seeking to enter into a settlement. The chapter will also consider settlements in the broader context of INT’s mission to advance the WBG’s core development impact, and how settlements have contributed to safeguarding WBG funds in the projects it finances worldwide. Finally, the chapter will conclude with a comparative analysis on the use of settlement mechanisms by Multilateral and Regional Development Banks.

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