…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…
…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…
…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…
…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…
…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,…
…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…
…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…
…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,…
…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….
…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…
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…
