Corruption in International Commercial Contracts - A Portuguese Substantive and Private International Law Perspective

The contribution examines the effects of corruption on the validity of bribery contracts and on the validity and binding force of contracts obtained through corruption in international trade, and the consequences of invalidity. Regarding the contracts obtained through corruption, the main focus is in private law contracts, but issues raised by corruption in administrative contracts are also briefly addressed. The analysis is made in the perspective of Portuguese substantive law and of choice of law rules that, in the Portuguese legal order, determine the laws applicable to international bribery contracts, to international main contracts and to claims for unjust enrichment, as well as the effects of anti-corruption rules contained in laws which are not primarily applicable. The suitability of the solutions provided or allowed by Portuguese law for tackling problems arising from corruption in international commercial contracts is evaluated in the light of the interests of the parties involved and of the implementation of the anti-corruption policies of the States. Difficulties arising from the enforcement of the law and the need for clarification and for improvement of some solutions are acknowledged.