The Corner House Case and the Incomplete Incorporation of the OECD Anti-Bribery Convention in the United Kingdom

Abstract

The Corner House case concerned the decision by the Director of the Serious Fraud Office
to suspend its investigation into BAE Systems’ suspected bribery of Saudi Arabian public officials.
This Article examines the reasons why the House of Lords decided not to interpret article 5 of the
OECD Anti-Bribery Convention, an unincorporated treaty provision that prohibits national
prosecutors from suspending an investigation on the basis of the potential effect that it might have
on relations with other states. Ultimately, the manner in which the House of Lords declined to
interpret article 5 contributes to a general undermining of the binding force of the Convention in
the United Kingdom. The failure of the U.K. Bribery Act 2010 to incorporate article 5 further
exacerbates this situation.