Multijurisdictional prosecution of multinational corporations: double jeopardy vis-à-vis sovereign rights in the globalised anti-bribery regime

The emergence of multijurisdictional anti-bribery actions presents a substantial challenge to multinational corporations (MNCs). Multiple sovereigns have the jurisdiction to pursue criminal enforcement action against the same entity for the same underlying bribery. The existing legal framework is not sufficient for addressing this global challenge. The difference between theories of double jeopardy and judicial practices across sovereigns complicates multinationals’ strategic designs of their compliance programmes. Arguably, a global settlement regime would not only help make efficient use of precious judicial resources, but also incentivise MNCs to self-disclose in furtherance of their cooperation.