Search Results for: corruption

Bolivia, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Public Policy, United States Courts, USA

, , (Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

…corruption or changes in regime at the political level. While commercial parties would be well advised to avoid selecting a seat in such jurisdictions in the first place, the Tenth…

Environment, Investment Arbitration, Mining Sector, Sustainability

, , (Laborde Law)/ /Leave a comment

…in BITs.   Corruption As explained by Ms. Adekoya San, the use of evidence of corruption as a bar to a claim has evolved in international arbitration. From a jurisdictional…

Uncategorized, Yearbook Commercial Arbitration

(General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/ /Leave a comment

…policy grounds an ICC partial award recording a settlement agreement, due to the settlement agreement being the result of corruption. The Supreme Court confirmed the Court of Appeal’s reasoning that…

2022 in Review, Advance on Costs, Annulment, Applicable Law, Duty to Disclose, France, International Public Policy, Intra-EU Investment Arbitration

(Laborde Law) and (Pinsent Masons)/ /Leave a comment

…Santullo in relation to corruption allegations. Such an extended review suggests that French courts are now reviewing awards on the merits, at least when addressing issues of compliance with French…

Africa, Africa Arbitration Academy, Investment law, Model BIT, Sustainability

(DC Mediation & Dispute Resolution Institute)/ /Leave a comment

…entitled. For example, Art. 12 relieves host states from protection obligations owed to investors and their investments in case of breaches of anti-corruption, anti-money laundering, and counter-terrorism financing obligations. Furthermore,…

foreign direct investment, Foreign Dispute, Foreign Investment Law, ISDS, ISDS Reform

(Sullivan & Cromwell)/ /Leave a comment

…and here. There are cases, for example, where tribunals have invoked an international public policy against corruption as a jurisdictional or admissibility bar, or have recognized that investment protection ought…

Berlin Dispute Resolution Days, DIS, ESG, Human Rights

(Gantenberg Dispute Experts) and (Herbert Smith Freehills LLP)/ /Leave a comment

…concerning: the role of ESG principles in international arbitration, ESG as an often-discussed topic, arbitration and the environment, arbitration and business & human rights, and fraud and corruption in arbitration….

2022 Nigeria Arbitration Bill, 2022 Sierra Leone Arbitration Act, AAA Model BIT, Ad hoc arbitration, AfCFTA, Africa, World Arbitration Update

(Strasbourg University)/ /1 Comment

…continue to flourish thanks to the confidentiality they offer to parties. However, there is still an important concern regarding corruption, which could eventually lead stakeholders to prefer institutional arbitrations over…

Balkans, Damages, Enforcement, Investor-State arbitration

(LK Law), (Red Lion Chambers), (Sejdiu & Qerkini), and (Kalo & Associates)/ /Leave a comment

…or perceived corruption, and how arbitration can, albeit not always perfectly, help to solve some of these problems. A Balkan Perspective on the Assessment of Damages The panel moderated by…

Investment Arbitration, Jurisdictional challenge, Latin America, Peru, Waiver

, (Bullard Falla Ezcurra +)/ /Leave a comment
Asociación Latinoamericana de Arbitraje (ALARB)

…and equitable treatment in accordance with customary international law. Specifically, the Claimant argued that the tender had been rigged as part of a corruption scheme involving high ranking officials of…