…or a court need to investigate whether the funds themselves are clean and untainted by fraud, corruption or links with potentially criminal or terrorist organisations? Should funders be subject to…
…do not start the proceedings because they do not believe that they will be successful due to the dissipation of debtor`s assets, or corruption in Ukrainian courts. Then again, statistics…
…in accordance with the law. However, it is not clear whether the anti-corruption provisions can be interpreted to mean that arbitral tribunals cannot handle the issues of corruption and a…
…duty to render an enforceable award may overlook the possibility of corruption and face allegations based on public policy violations. On the other hand, conducting an investigation of corruption may…
…Finland stands to benefit from its status as a modern society with an advanced legal system and highly educated lawyers, coupled with a top ranking in the global anti-corruption indexes….
…investors to have active operations in the host state for at least two years, revealing ownership information, and providing the possibility of losing investor standing if fraud or corruption in…
Introduction Western Australia has many of the hallmarks of an arbitral hub: from a stable liberal democracy, a reliable and predictable judiciary, and very low rates of corruption, to offices…
…(reaffirmed in January 2017) which exposes a trail of corruption and administrative inefficiency all the way back to the Athens Olympics of 2004. This case is an aspect of the…
…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…
…outbound investments in the Asian region with a special focus on Southeast Asia. He also talked about the rule of law indicators in the ASEAN member states, corruption perceptions and…
…Regardless of the many instances where corruption is alleged, there have been only a few investment cases in which a finding of corruption was actually made. Arbitral tribunals made findings…
…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…
