The Contents of b-Arbitra, Issue 2023-1
…French cases pursuant to which the annulment judge is granted the power to investigate all the elements of corruption in law and in fact. Turning back to Belgium, we start…
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The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 89, Issue 2 (2022)
…corruption. One way to combat corruption in international commercial arbitration is to include arbitral tribunals into the fight against corruption and grant them sua sponte powers. Since this power may…
It’s No Secret(?) – Two Recent Singapore Cases on Confidentiality in the Context of International Arbitrations
…as corruption allegations that “attack the integrity of arbitration at its core”; and (2) the allegations must have “real prospects of succeeding” (at [53]). This is because there are conceivably…
Global Perspectives on Teaching International Investment Arbitration: The Challenges of Teaching International Investment Arbitration in India
…non-investment concerns such as public health, climate change, national security, taxation and other fiscal policies, corruption, etc. has increased. While some of these encounters between IIA and non-investment concerns get…
First Mexico Arbitration Week: Arbitration and the Judiciary – Conversation with a Mexican Supreme Court Justice
…corruption in international arbitration, among others. The focus of this post is the first fireside chat of the event titled “Arbitration and the Judiciary: Conversation with a Mexican Supreme Court…
Tel-Aviv Arbitration Week: ESG Arbitration, Tech and Construction, and Arbitrating in France
…are being precluded due to past involvement in corruption, disputes that arise due to delays resulting from environmental regulations, the impact of climate events on force majeure clauses, and difficulties…
A Tale of Two Titans: Fireside Chat on the Rule of Law with the Presidents of the ICC Court and the IBA
…the mundane amidst a war, and referred to further challenges such as corruption and excessive delays in serving justice. When asked what the IBA was doing to promote the rule…
Israel: The Land of Milk and Honey . . . and FDI: An Overview of Israel’s International Investment Agreement Program
…that “corruption is established to an extent sufficient to violate Uzbekistan law” and, therefore, “the investment has not been ‘implemented in accordance with the laws and regulations of the Contracting…
Can a Tribunal Deviate from the Governing Law in Its Award of Interest? A BVI Court Says No
…Court famously ruled that “outside the field of such universally-condemned international activities as terrorism, drug-trafficking, prostitution and paedophilia, it is difficult to see why anything short of corruption or fraud…
LIDW 2023: Corruption in International Arbitration and Increasing Diversity and Efficiency in the Resolution of Construction and Engineering Disputes
…presence before arbitral tribunals, and enforcement of awards where corruption is involved. Defining and Identifying Corruption Khawar Qureshi KC first highlighted the troublesome nature of proving corruption in international commercial…
Studying International Investment Treaties and Investor-State Disputes through a Central Asian Lens
…transparency in BITs and legislation to ensure that parties to ISDS do not conduct themselves in an opaque manner. Corruption in Investment –In recent years, states have used corruption in…
BIT, Colombia, International dispute resolution, International Investment Arbitration, International Investment Law, Investment agreements, Investment protection, Latin America, Venezuela
The Venezuela-Colombia BIT: An Original Development of Uncertain Impact
…broad concept of “illegality”, but specifically to “corruption”, which is one of the possible forms of illegality. While the consideration of corruption to limit protection is fair and reasonable, this…
In Praise and Criticism of Arbitration as a Means of Resolving ESG Disputes
…provide victims with a timely and meaningful remedy for violations wherever there is inaccessibility, lack of independence, corruption, lack of capacity and underdeveloped legal frameworks (Questions & Answers, page 4)….
Bolivia, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, United States Courts, USA
Recognizing Annulled Awards in the U.S. Court of Appeals for the Tenth Circuit: Compañía de Inversiones Mercantiles SA v. Grupo Cementos de Chihuahua SAB de CV
…corruption or changes in regime at the political level. While commercial parties would be well advised to avoid selecting a seat in such jurisdictions in the first place, the Tenth…
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 3 (March 2022)
…policy, rules against corruption, and Chilean contractual framework, including the legal principle of Pacta Sunt Servanda. BGH – KZB 75/21, Federal Court of Justice of Germany, KZB 75/21, 27…
2023 PAW Recap – Day 2: Striking a Sustainable Deal: Balancing State Responsibility and Investor Rights in Mining
…in BITs. Corruption As explained by Ms. Adekoya San, the use of evidence of corruption as a bar to a claim has evolved in international arbitration. From a jurisdictional…
Take-Aways from the 1st ICC Argentine Arbitration Day 2023 (Part I)
…(Panels III – Debate on Economic Sanctions: A High Impact Phenomenon; IV – Corruption Issues in Arbitration: Lessons Learnt; V – Argentina As a Seat of International Arbitration; and the…
Take-Aways from the 1st ICC Argentine Arbitration Day 2023 (Part II)
…Panel IV – Corruption Issues in Arbitration: Lessons Learnt This panel discussed the problem of corruption in arbitration, focusing on cases where corruption occurred prior to the commencement of the…
The Answer My Friend… Is Blowing In The Wind: ESG in EU-Related Supply Chains
…ESG include anti-corruption (it depends)? What is the difference between “ESG” and “legal compliance” (“E” (environmental), if these obligations are already codified in multiple instruments and conventions which facilitates compliance)?…
The Contents of Journal of International Arbitration, Volume 39, Issue 6 (December 2022)
…arbitration and the broader societal fight against corruption, this article analyses the issues arising out of corruption allegations in arbitration and demonstrates how burden and standard of proof can be…
International Sales, Arbitration and Corruption: A CISG perspective
…proceedings could affect the arbitration. Contractual consequences of corruption Understanding the implications of corruption in international contracts requires distinguishing between contracts providing for corruption, also known as bribe agreements,…
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 2 (February 2022)
…Article 1065(1)(e) DCCP (public policy). According to Bariven, the arbitral award confirmed and legitimized a contract that came about under the influence of corruption. The Court of Appeals held that…
The Contents of the Yearbook Commercial Arbitration, Volume XLVIII (2023), Upload 1
…policy grounds an ICC partial award recording a settlement agreement, due to the settlement agreement being the result of corruption. The Supreme Court confirmed the Court of Appeal’s reasoning that…
2022 in Review, Advance on Costs, Annulment, Applicable Law, Duty to Disclose, France, International Public Policy, Intra-EU Investment Arbitration
2022 Year in Review: Arbitration-Related Developments in France
…Santullo in relation to corruption allegations. Such an extended review suggests that French courts are now reviewing awards on the merits, at least when addressing issues of compliance with French…