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…
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 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…
…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…
…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…
…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…
…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…
…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…
…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….
…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…
…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…
…other pieces of (legally obtained) evidence which were just as conclusive as the illegally obtained video recording. 3) Furthermore, in the context of sport the fight against corruption is vital….
…aside an award or refuse recognition/enforcement on grounds of public policy if: (a) the making of the award was induced or affected by fraud of corruption; (b) it is in…
…despite allegations of corruption, criminal charges and convictions of a high-ranked official. The matter is pending appeal. Despite some reassuring decisions, the occasionally broad and unexpected interpretation of public policy…
…another arbitration between Arabtec and Meydan) that there were concerns that TAK and Arabtec had engaged in criminal acts of corruption, although further evidence would need to be gathered to…
…(ii) consequences of a successful plea of corruption, and (iii) sanctions. With respect to burden of proof, Cosar referred to Metal-Tech v. Uzbekistan, where the tribunal acknowledged that ‘corruption is…
…this difference may be significant in cases where there are claims of malice, corruption, or quasi-criminal conduct, which are generally subjected to a higher standard of proof. However, this difference…
…a safe and stable legal climate, encouraging foreign investment, good governance, reducing crime and corruption, guaranteeing human rights, and encouraging environmental sustainability are all legitimate objectives that developed countries legitimately…
…respect to matters such as drug trafficking, international terrorism, democracy, human rights, environmental protection, government corruption, unlawful expropriation, the rule of law, and good governance. The United States imposes a…
…ruled out as inconclusive and unproven, although discussed in the award. Establishing corruption A number of tribunals have notoriously observed that corruption is difficult to prove. Allegations of corruption traditionally…
Allegations of fraud and corruption are increasingly encountered in international arbitrations but there is at times a perception that international arbitration, which is by nature a private and consensual dispute…
…as Metal-Tech in fact promote the rule of law in corruption-stricken countries such as Uzbekistan (which is ranked 168 out of 177 on Transparency International’s Corruption Perceptions Index). Moreover, while…
By Luke Eric Peterson There’s perennial discussion in the arbitration world as to the definition and legal implications of corruption in the context of international arbitration – including for example…
…Nations Convention against Corruption. To comply with its obligations under the Convention, the Government has established a committee to combat bribery and corruption in the public sector and is preparing…
