…(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…
…non-impairment. The claims arose from measures taken by Romanian anti-corruption and criminal prosecution authorities against two individuals, Mr Patriciu and Mr Stephenson, who directed the affairs of RRC, a company…
The U.S. Federal Arbitration Act (FAA) provides that a federal district court may vacate an arbitration award, among other reasons, “where there was evident partiality or corruption in the arbitrators.”…
Roschier’s recent market survey of corporate users in the Nordic region indicates that users perceive the dispute resolution climate as tougher than before, although no major or dramatic changes have…
…and corruption were also mentioned, of officials, attorneys, and representatives, the issue of which this Court should not make any reference, only to leave emphasized that the same accusations can…
…to review the questions of bribery and international arbitration. Arbitrability of Bribery Claims Traditionally, arbitration was not perceived as an appropriate venue for adjudicating claims of bribery or corruption. The…
…concerning contracts allegedly tainted by corruption. Less than three weeks after that seminal lecture, the Singapore Court of Appeal in AJU v AJT [2011] SGCA 41 weighed down on a…
…are so exposed to suspicions of poor selection of arbitrators, and maybe even worse: cronyism and other forms of corruption”. Jan Paulsson’s description of the arbitral institutional landscape is perhaps…
…countries). The FAA, in turn, has grounds which the Model Law does not based on corruption and fraud or the “manifest disregard of the law” provision. Ultimately, although I agree…
…disturbing 2009 State Department report of judicial corruption and influence, and stated that “one readily sees why Chevron … now might be concerned about their fate in the Ecuadorian courts,…
…Government officials is questioned with foundationless allegations of corruption. (The tribunal in the recent EDF case (ICSID Case No. ARB/05/13) tried to cut down the law of corruption to at…
In my last post I questioned whether investor misconduct (such as fraud, illegality and corruption) is invariably a jurisdictional issue. This post focuses on the use of admissibility as a…
The treatment of investor misconduct in investment treaty arbitration raises a series of complex issues. Allegations of investor misconduct (such as fraud, illegality and corruption) can arise in the context…
…sophisticated scheme of corruption orchestrated by Sirven. According to the Order, the true purpose of the Contract was to make corrupt payments to obtain a change in position of Roland…
…of corruption or other misconduct on the part of investors or states – and such inquiries can have major repercussions for the viability of an investor’s claim or a government’s…
…including: • The potential utilisation of investment treaties as a means of promoting sustainable development, corporate social responsibility and anti-corruption control. • Investment protection regimes in Western Europe – a…
