ISDS and ESG: Friends or Foes?
…environmental permits, green incentives, the need for a “social license,” and corruption. Interestingly, these matters have arisen even in the absence of explicit ESG regulations in the majority of the…
Search Results for: corruption
2023 Year in Review: Human Rights and ISDS – Same Play, Different Actors
…preference for establishing nonbinding obligations regarding human rights, despite frequent calls by advocates to “harden” such obligations. Notably, the inclusion of provisions regarding anti-corruption, although framed as involuntary, applies only…
Arbitration Reform, Azerbaijan, International Arbitration Law Library Series, International Arbitration Procedures, UNCITRAL Model Law
Azerbaijan Adopts a New Law on Arbitration
…stipulates a three-month period for applying to set aside arbitral awards in line with the 2006 UNCITRAL Model Law, this time limitation does not apply in case fraud, corruption, criminal…
2023 in Review, Annulment, Canada, Due process, Procedural Fairness, Recognition and enforcement of arbitral award, Set aside an arbitral award
2023 Year in Review: A Look Back at Arbitration in Canada (Part 2)
…from ‘corruption, bribery, fraud and similar serious cases’” (para. 121). Reading this case one might wonder: how appropriate is it to burden a party with verifying that the opposing counsel…
2023 Year in Review: A Transformative Expedition of Arbitration in Africa
…corruption under Section 68 of the English Arbitration Act (“EAA”). The court found that the awards were obtained by fraud in a manner that was contrary to England’s public policy….
KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 12 (December 2023)
…Court of Appeal reassessed the evidence of the purported corruption to confirm the exequatur of an arbitral award rendered in Switzerland, holding that the indicia of corruption were not sufficiently…
2023 Year in Review: Latin America and Investment Arbitration
…Panamericana Television S.A v. Peru, where the tribunal dismissed Peru’s ratrionae materiae objection based on corruption allegations. The tribunal was unable to link the acts of corruption to the investment…
What ‘Matters’ in a Stay of Proceedings Under Section 9 of the English Arbitration Act 1996? – Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) [2023] UKSC 32
…allegations of corruption in relation to the conclusion of the supply contract entitled the Respondent to have the legitimacy of the supply contracts determined by the forum chosen in the…
2023 Copenhagen Arbitration Day Recap: The Future of Arbitration
…in the latest indices for the rule of law and perceived lack of corruption, and number 3 in the UN SDG index, which add to the attraction of Danish arbitration….
Is the City of Lights Losing Its Allure? Highlights from the Paris Arbitration Breakfast Conference on the Seat of Arbitration
…Amid growing concern over the recent shift towards an extended, maximalist, approach to the scope of the French court’s power of review when dealing with allegations of corruption on grounds…
Sciences Po Law School 6th Brazilian Arbitration Forum: Assistance From National Courts: Wanted or Unwanted?
…to arbitrate the case. Likewise, in Peru, 14 arbitrators were indicted on corruption charges in 2020 after a whistleblower allegedly admitted to receiving money from parties to an arbitration. According…
The $11 Billion Dollar Question in The Federal Republic of Nigeria v. Process & Industrial Development: A Cultural Analysis
…Development, para. 360). Perhaps, underneath all the arbitral extravagance and incalculable network of disturbing corruption lurks a least appreciated cultural milieu worth $11 billion dollars. On October 23, 2023, in…
Corruption Under Scrutiny: The Ratione Materiae Objection in Panamericana Televisión v. Peru
…satisfied if findings evidenced the arbitration agreement in the Treaty was affected by corruption, meaning the arbitral relationship between Peru and Switzerland was a result and consequence of corruption. The…
Arbitrators, Conflicts of interest, Corruption, Decision Making, IBA Guidelines on Conflicts of Interest, ICSID, In House Counsel, Independence and Impartiality, Institutional Arbitration, International arbitration, ISDS, Law Firms, Technology, UNCITRAL
Reflecting on the ICAL 20th Anniversary Conference: Evolution or Revolution? Navigating the Future of International Arbitration
…as increased transparency can initiate a response from the parties. Identifying and Confronting the Challenges of Corruption in Arbitration As highlighted by Ignacio Torterola (GST LLP), and originally stated…
The Contents of b-Arbitra, Issue 2023-1
…French cases pursuant to which the annulment judge is granted the power to investigate all the elements of corruption in law and in fact. Turning back to Belgium, we start…
The Contents of Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Volume 89, Issue 2 (2022)
…corruption. One way to combat corruption in international commercial arbitration is to include arbitral tribunals into the fight against corruption and grant them sua sponte powers. Since this power may…
It’s No Secret(?) – Two Recent Singapore Cases on Confidentiality in the Context of International Arbitrations
…as corruption allegations that “attack the integrity of arbitration at its core”; and (2) the allegations must have “real prospects of succeeding” (at [53]). This is because there are conceivably…
Global Perspectives on Teaching International Investment Arbitration: The Challenges of Teaching International Investment Arbitration in India
…non-investment concerns such as public health, climate change, national security, taxation and other fiscal policies, corruption, etc. has increased. While some of these encounters between IIA and non-investment concerns get…
First Mexico Arbitration Week: Arbitration and the Judiciary – Conversation with a Mexican Supreme Court Justice
…corruption in international arbitration, among others. The focus of this post is the first fireside chat of the event titled “Arbitration and the Judiciary: Conversation with a Mexican Supreme Court…
Tel-Aviv Arbitration Week: ESG Arbitration, Tech and Construction, and Arbitrating in France
…are being precluded due to past involvement in corruption, disputes that arise due to delays resulting from environmental regulations, the impact of climate events on force majeure clauses, and difficulties…
A Tale of Two Titans: Fireside Chat on the Rule of Law with the Presidents of the ICC Court and the IBA
…the mundane amidst a war, and referred to further challenges such as corruption and excessive delays in serving justice. When asked what the IBA was doing to promote the rule…
Israel: The Land of Milk and Honey . . . and FDI: An Overview of Israel’s International Investment Agreement Program
…that “corruption is established to an extent sufficient to violate Uzbekistan law” and, therefore, “the investment has not been ‘implemented in accordance with the laws and regulations of the Contracting…
Can a Tribunal Deviate from the Governing Law in Its Award of Interest? A BVI Court Says No
…Court famously ruled that “outside the field of such universally-condemned international activities as terrorism, drug-trafficking, prostitution and paedophilia, it is difficult to see why anything short of corruption or fraud…
LIDW 2023: Corruption in International Arbitration and Increasing Diversity and Efficiency in the Resolution of Construction and Engineering Disputes
…presence before arbitral tribunals, and enforcement of awards where corruption is involved. Defining and Identifying Corruption Khawar Qureshi KC first highlighted the troublesome nature of proving corruption in international commercial…