…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…
…entitled. For example, Art. 12 relieves host states from protection obligations owed to investors and their investments in case of breaches of anti-corruption, anti-money laundering, and counter-terrorism financing obligations. Furthermore,…
…19), refrain from corruption (article 21), contribute to the economic, social and environmental progress of the host State (article 22.3) and comply with business ethics and human rights (article 24)….
…through corruption. In criminal cases, the person found guilty of corruption may face a prison sentence. Thus, it is the very severity of corruption that lends itself to an argument…
…and here. There are cases, for example, where tribunals have invoked an international public policy against corruption as a jurisdictional or admissibility bar, or have recognized that investment protection ought…
…concerning: the role of ESG principles in international arbitration, ESG as an often-discussed topic, arbitration and the environment, arbitration and business & human rights, and fraud and corruption in arbitration….
…continue to flourish thanks to the confidentiality they offer to parties. However, there is still an important concern regarding corruption, which could eventually lead stakeholders to prefer institutional arbitrations over…
…Finally, the Act alone will not attract foreign investment to Guatemala. Other relevant factors are important for this to happen, such as absence of corruption, due process, and respect for…
…or perceived corruption, and how arbitration can, albeit not always perfectly, help to solve some of these problems. A Balkan Perspective on the Assessment of Damages The panel moderated by…
…had carried out public road works in the Republic of A, considering that the evidence revealed a set of sufficiently serious, precise and concordant indicia of corruption, so that the…
…explains the background of the Sorelec award and demonstrates the significance of its annulment by the Paris Court of Appeal based on allegations of corruption. It goes on by analyzing…
…and equitable treatment in accordance with customary international law. Specifically, the Claimant argued that the tender had been rigged as part of a corruption scheme involving high ranking officials of…
…a result of President Castillo’s election. In fact, in her opinion, this crisis arose during the Lava Jato investigation and the accusations of corruption in public procurement. She considers that…
…further shared that he did not believe in the use of avatars, although he noted their potential utility in delicate contexts where anonymity is desired, such as corruption whistleblowers, akin…
…Thacker and Nhu Hoang Tran Thang. Delegates discussed six key topics: the proliferation of young entrepreneurs; AI and digital technologies; climate change and arbitration; corruption in arbitration; geographical diversity; and…
…prosecute the counterparty and its representatives for criminal offences such as “damage to the State” or “breach of contract with the State”, both considered corruption-related crimes. Impact of the…
…this evolving situation from their own perspectives. Issues such as sunk costs, rents/corruption, foreseeable harm and treaty language, the scope of ESG, parent-subsidiary relationships and liability, and evolving concepts of…
…Polkinghorne (White & Case) delivered a keynote speech on “Fraud and Corruption in Arbitration“. He started by looking at various definitions of fraud and corruption, and referred to the different…
…in the different countries, the red flags that identify corruption as well as issues arising out of corruption in arbitration in its many forms. Prof Reyes noted that the definition…
…sign the arbitration clause), iii) fraud and corruption (there were two conflicting judgements: a) a French court judgment holding that the court had the power to investigate whether the award…
…and Mr. Barroso discussed whether allegations and possible findings of corruption could impact the jurisdiction of arbitration tribunals and concluded that it would occur when corruption affects the consent to…
…to corruption and economic stagnation – two ills that investment treaties seek to cure by securing the rule of law. In the region, most ad hoc cases are pursued under…
…report, Recommendations 1, (c), 2(a)), whereas the court projects these interests on the Polish State. This could imply that, for example, an arbitral tribunal’s finding of fraud or corruption in…
…corruption, the investors set out some authorities demonstrating the extent of judicial corruption in the respondent State. In support of their argument, the investors referred to various legal indicators and…
