…arbitral practice is mainly focused on corruption on the part of foreign investors (i.e. ‘supply side’ corruption). However, ‘demand side’ corruption (such as the bribery of public officials as a…
…set of questions regarding the proof of corruption and response to findings of corruption. Those awards combined flexible evidentiary techniques for assessing corruption allegations with the outright dismissal of the…
…corruption, among other grounds. Ultimately the Tribunal held that there were insufficient red flags directly related to the concession agreement and rejected the corruption allegations. This award demonstrates that the…
…corruption investigation and analysis? The opinion of some scholars is that it does, because sometimes the issue of corruption can be a question of illegality linked directly to the validity…
…tribunal acknowledged that corruption alleged by Egypt was generally against international bones mores. Nonetheless, the tribunal observed that Egypt had not provided evidence concerning the alleged corruption. Crediting the evidence…
…to grapple with issues such as finding suitable methods of applying international conventions on corruption and the possibility of establishing the existence of corruption with the concept of red flags….
…TPP claim. The Interpretive Relevance of the TPP’s Anti-Corruption Chapter This is where the anti-corruption provisions in Chapter 26 may come into play. As Annex 9-A to the TPP’s Article…
…of corruption “is a violation of international public policy, whereby ‘exercising a State’s discretion on the basis of corruption is a […] fundamental breach of transparency and legitimate expectations’”.3) EDF…
…during contract formation. Second, BIT claims lack a key policy justification for completely barring claims subject to a corruption defense. As judge Lagergren pointed out, when corruption creeps into a…
…ruled out as inconclusive and unproven, although discussed in the award. Establishing corruption A number of tribunals have notoriously observed that corruption is difficult to prove. Allegations of corruption traditionally…
It’s all still to play for. After the Paris Court of Appeal refused enforcement of a Swiss arbitral award against Alstom on the grounds of corruption, the French Supreme Court…
…corruption in domestic and international affairs than ever before. France has indeed significantly strengthened its anti-corruption framework since adopting the so-called “Sapin II” law in December 2016, introducing mandatory anti-corruption…
…in France would violate international public policy since the relevant contract was tainted with corruption. After an analysis of the facts, the Court concluded that corruption had not been proven….
…of bribery and corruption offenses. Given these global developments, it is unsurprising that corruption defenses have become more common in international investment arbitration, and often these corruption investigations occur in…
…accepting the corruption defense invoked by the host states and the allegations of corruption as proven. No matter how outrageous the host states’ conduct toward the investors were in the…
…and respond to the issues of corruption that have been put into issue by Peru. Background to the Dispute Odebrecht states – through a letter addressed to the special…
…it relates to arbitration, it raises several interesting topics, including (i) the way the Tribunal handled the evidence related to acts of corruption and (ii) the intervention of third parties…
In a decision from June 6, 2018, the Third Chamber of the Paraguayan Court of Appeal (the “Court”) decided an annulment application, recognizing that issues of illegality and corruption are…
The legal consequences of a breach of a contract tainted by corruption are better understood through a hypothetical: Contractor A of country X enters into negotiations with B, the Minister…
Corruption in the context of international arbitration is at the forefront of current discussion and analysis. At the same time, innovative efforts to obtain evidence in the U.S. through 28…
Corruption has been a hot topic in investor-state arbitration in recent years. This is particularly the case in situations where Claimant investors are alleged to have procured their original investment…
…projects to significantly increase the contract price. To avoid the control of the Peruvian anti-corruption agency, Odebrecht used arbitration awards to give ‘legal’ appearance to the surcharges. In most of…
…ordered an opinion from the Southern District of Texas titled “Opinion on Arbitration Corruption” to be vacated. This arbitration originated from claims by OOGC that Chesapeake was overcharging fees to…
…the failure of a State to comply with its international obligations, including the obligation to effectively combat bribery and corruption. Furthermore, the commission of an economic crime by an investor…
