…arbitral awards against them. In France to the date State immunity from enforcement has been regulated by case law, but a new Bill on transparency, anti-corruption and modernisation (Sapin II)…
…to seat the arbitration in London. In the arbitration proceedings, NIOC challenged the jurisdiction of the arbitrators, arguing that: (1) the contract had been procured by corruption and was therefore…
…law, including ‘complicated questions of fact or allegations of fraud, corruption, etc.’ It observed that such an amendment was necessary to counter the denudation of the powers of the arbitral…
…posed by climate change, would it be possible for arbitrators in investor-state disputes to apply this climate change regime ex officio (as discussed on corruption cases)? Could it be applied…
…corruption – where it is recognised that tribunals in both international commercial arbitration and investment treaty arbitration tribunals have a duty to investigate such allegations – tribunals have limited themselves…
…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…
…frauds and corruption. Further, the court (i) enjoined the defendants from seeking to enforce the Lago Agrio Judgment in the United States against the plaintiff Chevron, and (ii) imposed a…
…understand whether an actual breach existed or not. Moreover, in three recent cases where French courts were requested to set aside arbitral awards on the basis of alleged corruption, the…
…corruption etc. The combined effect of such a conduct can be disruptive. It could not only impact the arbitral proceedings, but can affect the professional and even physical integrity of…
…considerations of the efficiency of public spending and prevention of corruption spoke in favor of state litigation, rather than arbitration, notable for its principles of confidentiality, flexibility, and finality. The…
…and that administrative bodies regulating both SOEs and private companies do so in an impartial manner. The TPP would impose obligations on Indonesia to effectively enforce its anti-corruption laws. Recent…
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…
…requires the investor to comply with its laws. It has done away with the provisions in the Draft BIT on “Obligations against Corruption” as well as on “Disclosures”. The provision…
…and metals finding an easier passage into Europe via Vietnam. Future investment claims stemming out of that sector may bring new waves of allegations involving fraud or corruption. All speculation…
…and corruption are commonplace. This country of nearly 15 million has about 800 lawyers. Some law professors have dubious credentials. Those who are qualified are poorly paid and over-worked, working…
…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…
…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…
…values: fraud, corruption, or other evidently illegal activity.” The SCL stressed that filling a claim to investment arbitration, where the tribunal finds its jurisdiction and the infringement of fair treatment,…
…challenging enforcement to circumstances where: the making of an award is vitiated by fraud or corruption; the award violates the fundamental policy of India and; the award is opposed to…
…jurisdiction if the acts of corruption took place after the establishment of the investment (thus not barring the original claim and derivatively the counterclaim). In such a case, however, a…
…would not rely on the instrument invoked by the investor (e.g., a BIT), but would rather include allegations of the investor’s fraud, corruption, or violation of domestic law. For example,…
…provision by the SPC and SPP. Rationale of the Provision The insertion of the provision was based on the two systemic concerns prevalent in the Chinese judiciary: bias and corruption….
…corruption, etc. Moreover, often neither party to the transaction is comfortable with appearing in the courts of the home country of the other one but would like to take the…
In 2013 the President of the Russian Federation Vladimir Putin announced in his annual message to the Council of the Federation: “I would like to attract your attention to one…
