15th Annual IBA Anti-Corruption

13 Jun - 14 Jun 2017

Session information

Session three: Double jeopardy and managing risks in cross-border investigations and prosecutions


Anti-Corruption Committee (Lead)


The panel comprises leading practitioners from various jurisdictions and will discuss the impact of the international double jeopardy rule in the context of multi-national bribery investigations and prosecutions which expose companies to the risk of parallel or consecutive prosecutions in different countries. The panel will discuss the US and the EU approaches to the double jeopardy topic and the position of international organizations and development institutions. It will also explore recent trends in international regulations on judicial cooperation among prosecutorial agencies and coordination principles among them, the issues of “primacy” over the case and the impact of settlement agreements on the bis in idem rule. The panel will also focus on the issues corporations must consider in building up a defense strategy when dealing with cross-border investigations/prosecutions and provide an overview of the most recent cases which addressed the topic.

Session / Workshop Chair(s)

Francesca Petronio Allen & Overy, Milan, Italy


David Hamilton Howard Kennedy LLP, London, England; Newsletter Officer, Anti-Corruption Committee
Elizabeth Robertson Skadden, Arps, Slate, Meagher & Flom (UK) LLP, London, England; Regional Representative Europe, Business Crime Committee
Eric Seassaud Vinci Construction Grands Projets, Other City, France
Brian Whisler Baker McKenzie, Washington, District of Columbia, USA