Could Indonesia join the TPP?
…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…
Search Results for: corruption
The Legal Consequences of Corruption in International Arbitration: Towards a More Flexible Approach?
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…
Unveiled: Indian Model BIT
…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…
The EU-Vietnam FTA: What Does It All Mean? What Does It Mean for the Future?
…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…
Mooties Making A Difference: Reaching Out To Build In Cambodia
…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…
Do Arbitrators have an ex officio duty/right to self-investigate corruption?
…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…
MOL v. Republic of Croatia: The ICSID Case Where Investor Corruption as a Defense Strategy of the Host State in International Investment Arbitration Might Succeed
…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…
Lithuania Has Restrained the Unruly Horse of Public Policy
…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,…
Arbitration in India: A New Beginning
…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…
Three Recent Decisions Further Shaping Investment Treaty Case Law On Counterclaims: Part II
…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…
Three Recent Decisions Further Shaping Investment Treaty Case Law On Counterclaims: Part I
…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,…
“Perversion of Law” in Chinese Criminal Law – An Indiscriminate Legal Weapon Against Arbitrators
…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….
Arbitration vs Litigation in Financial Agreements: A Policy Perspective
…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…
Arbitrability, Arbitration Act, Arbitration institution, arbitrators’ conduct, Bribery, Criminal law and arbitration, Domestic arbitration, National Arbitration Laws, Russia
Russian Arbitration Reform: A Leap into the Unknown?
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…
Arbitral Award, DIFC, Dubai, Enforcement, Final Award, MENA, Middle East, New York Convention, Public Policy, Recognition and enforcement of arbitral award, UAE, Uncategorized, United Arab Emirates
ARB 003/2013: The DIFC Court of First Instance’s Sequel in Banyan v. Meydan
Attentive readers of this Blog will remember that the Court of Appeal of the Dubai International Financial Centre (DIFC) adopted a ruling in the latter half of last year confirming…
The Evolution of Arbitration in the Arab World
The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. Arbitration…
In Commercial Arbitration, Should Arbitrators Be Exclusively at the Service of the Parties?
…today, beyond question that disputes involving rules which serve public interests – such as disputes over securities issues or disputes involving antitrust laws, “RICO” (US Recketeer Influenced and Corruption Organizatons…
From Ford to Ferrari? A Brief Look at the Changes Introduced in the Draft Model Indian BIT
…contains an entirely new chapter dedicated to Investor, Investment and Home State obligations. For example, Art. 9 prohibits the Investor or Investment from engaging in ‘corruption’ – which is widely…
The Use of Arbitration for Derivative Contracts
…are increasingly reluctant to litigate disputes in their counterparties’ local courts, given concerns of bias, corruption, delay, lack of expertise by judges and the use of local language in court…
Introducing Litigating International Investment Disputes – A Practitioner’s Guide
…next by Rahim Moloo, including general procedures relating to evidence discovery and presentation and unique issues related to investment disputes (such as obtaining evidence, evidentiary issues related to corruption and…
The Singapore Approach to Scrutiny of Arbitral Awards
…corruption; or a breach of rules of natural justice occurred in connection with the making of the award by which the rights of any party have been prejudiced.”). At the…
The French Law Standard of Review for Conformity of Awards with International Public Policy where Corruption is Alleged: Is the Requirement of a “Flagrant” Breach Now Gone?
…in France would violate international public policy since the relevant contract was tainted with corruption. After an analysis of the facts, the Court concluded that corruption had not been proven….
International Commercial Arbitration in Romania: Can the New Changes Release the Tension Instilled in the Past?
…decreased drastically during this period of two years,culminating with a corruption scandal that led to the amendment of the Arbitration Rules. Since the enactment of the new rules in early…
Arbitral Tribunal, Counsel, Guerrilla Tactics, IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives
The Growth of Arbitrator Power to Control Counsel Conduct
…issues, but also complex statutory issues that may involve the public interest, such as issues of anti-trust law. Arbitrators may be faced with questions of fraud and corruption, which could…