Updating Tanzania’s Arbitration Law to Align with International Best Practice
…or affected by fraud or corruption or was in violation of Section 75 or Section 81; (2) in contravention of the fundamental policy of Indian law; or (3) conflicts with…
Search Results for: corruption
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management (Ciarb), Volume 91, Issue 2 (2025)
…both substance and procedure. Finally, arbitration provides parties with a safe and predictable dispute resolution mechanism in jurisdictions where the judiciary suffers from systemic challenges such as corruption or political…
Can Arbitral Awards Be Enforced Against Embezzled Sovereign Assets?
…Venezuela, Nicolas Maduro governs despite having lost the country’s most recent presidential election, and it is doubtful that creditors can influence Maduro by investigating the obvious corruption of his government….
Investment, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Teaching International Investment Arbitration Series
Global Perspectives on Teaching International Investment Arbitration: Teaching the Financialization of International Investment Arbitration
…Because evidence of corruption or other serious illegality can create a jurisdictional bar to hearing a dispute (e.g., by violating the “legality” requirement in many investment treaties or enabling contractual…
From Fluidity to Clarity? Pakistan’s Arbitration Act of 2024 and the Future of Public Policy
…Supreme Court of Pakistan (“SCP”) found a dispute to have been non-arbitrable because the substantive agreement was tainted by corruption and therefore violated the State’s public policy. Notably, a simple…
Hot Topics in Critical Minerals Mining: ITA’s Toronto 2025 Third Conference in the Mining Sector
…rights abuses, and disclosure obligations, as well as corruption. Additionally, the panel highlighted current technical and regulatory developments in deep seabed mining, an emerging sector with significant potential for growth,…
2025 PAW: Red Flags: Trends and Tools for Addressing Corruption
…Corruption”, this year partnering with Forensic Risk Alliance (“FRA”). The session gathered a distinguished group of leading legal and compliance experts to delve into the changing landscape of corruption within…
2025 PAW: The Growing Influence of Criminal Law in International Arbitration
…to obstruct arbitration. As corruption gains prominence, some parties—particularly respondents—have raised unfounded corruption claims to challenge jurisdiction or admissibility, or to delay the arbitration. In more extreme instances, criminal complaints…
One Step Forward, Two Steps Backward? Assessing Nepal’s New Arbitration Ordinance
…Ordinance, the suspension grounds are corruption and fraudulent conduct tainting the arbitral awards or agreement. This is in accordance with the heightened intolerance for corruption and fraud affecting the arbitral…
Looking Across Borders: French Arbitration Law Reform in Light of English and German Advances
…along with procedural fairness. While combating international corruption is crucial, the Sorelec decision could be moderated to exclude corruption allegations that could have been raised before the arbitral tribunal and…
The Contents of the Journal of International Arbitration, Volume 42, Issue 02 (April 2025)
…Ebelechukwu Arubalueze, CAVEAT ARBITRATOR!: Examining the Responsibility of Arbitrators to Probe Corruption: Lessons to Be Learned from the P&ID Saga As international arbitration’s popularity rises, arbitral tribunals are increasingly confronted…
The Contents of the Journal of International Arbitration, Volume 42, Issue 01 (February 2025)
…arbitral awards against states. The author = briefly addresses two examples: the enforceability of arbitral awards procured by fraud or corruption, and the rules for the resolution of treaty conflicts….
Environment, Environmental protection, Human Rights, Investment agreements, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, ISDS
2024 Year in Review: Human Rights and ISDS—Continued Convergence of Human Rights and the Environment
…Yes (preamble; general exceptions; expropriation) Australia–United Arab Emirates CEPA (investment chapter) Yes (but only regarding labor rights) No Yes (but only in the preamble and regarding corruption and bribery) Yes…
2024 in Review: Latin America and Investment Arbitration
…social licensing requirements, and corruption. In their post, they demystify the skepticism surrounding the relationship between ESG and ISDS concluding that foreign investment, particularly in developing countries, is needed for…
Interviews with Our Editors: In Conversation with the Secretary General of the SCC Arbitration Institute, Caroline Falconer, on the Eve of the Swedish Arbitration Days 2025
…active in several associations, such as the Swedish Anti-Corruption Institute, the International Law Association, and the International Federation of Commercial Arbitration Institutions. 2. Two years ago, you adopted a…
Mexico Judicial Reform: Is Arbitration Going To Be the One that Saves Us?
…of corruption cases within the judicial system. In 2025, all justices will be elected, together with half of the federal magistrates and judges, with the remaining half being elected in…
Santiago Court of Appeals Upholds Arbitral Award Against the Republic of Ecuador
…corruption; and it deprived Ecuador of access to its natural judge, alternative remedies, and a fair hearing by overstepping jurisdiction on pre-contractual liability. Ecuador faces the paradox of being free…
Delos GAP Symposium 2024: Evidence In Corruption Matters: How Much Is Needed? How Much Is Required?
…corruption in its award or to raise suspicions of corruption. One panelist observed that the tribunal had an obligation to address allegations of corruption, making a positive or negative finding,…
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management (Ciarb), Volume 90, Issue 4 (2024)
…global level. LECTURE Emilia ONYEMA, Corruption, Access to Arbitration for Local Communities: Mitigating the Cost of Corruption and Providing Access to Justice for Local Communities A written reflection of…
Abusive Claims, Estoppel, Parallel Proceedings, Set aside an arbitral award, Singapore, Stay of Proceedings
Seeking a Stay of My Own Setting Aside Application: An Unorthodox Predicament
…by filing an originating application known as “OA 1109”. Its main contentions were that the award was induced or affected by fraud or corruption, and enforcement would be contrary to…
ITA Roundtable at UNCITRAL Working Group III: Draft Provision 17 and the Denial of Benefits Clause
…made by way of corruption, fraud, or deceitful conduct; or (d) The claim would constitute a misuse of the Agreement and its objectives. I. The Rationale Behind Denial of…
Reaffirming Arbitration: The Brazilian Superior Court of Justice Decides on the Persistent Debate of Public Entities’ Participation in Arbitration
…state-owned oil company), which they attributed to the purported negative impacts of corruption within the organization, revealed by Operation Car Wash. The STJ found that the Federal Government, despite being…
Amendment, Arbitration Act, Caribbean, International arbitration, International Commercial Arbitration
The Modernization of Guyana’s Arbitration Regulatory Framework: A Bid to Become an Arbitration Hub
…(2)(b) of the AA). An award conflicts with public policy if it was induced by fraud or corruption or was procured in breach of natural justice (see section 59 of…
Hong Kong Arbitration Week 2024: Guarding the Integrity of Arbitration – Reflections on the Landmark English Decision in Nigeria v P and ID
…Federal Republic of Nigeria v Process & Industrial Development Ltd (“Nigeria v P&ID”), delving into the ways in which fraud and corruption are addressed in arbitration and how public policy…