…prosecute the counterparty and its representatives for criminal offences such as “damage to the State” or “breach of contract with the State”, both considered corruption-related crimes. Impact of the…
…this evolving situation from their own perspectives. Issues such as sunk costs, rents/corruption, foreseeable harm and treaty language, the scope of ESG, parent-subsidiary relationships and liability, and evolving concepts of…
…Polkinghorne (White & Case) delivered a keynote speech on “Fraud and Corruption in Arbitration“. He started by looking at various definitions of fraud and corruption, and referred to the different…
…in the different countries, the red flags that identify corruption as well as issues arising out of corruption in arbitration in its many forms. Prof Reyes noted that the definition…
…sign the arbitration clause), iii) fraud and corruption (there were two conflicting judgements: a) a French court judgment holding that the court had the power to investigate whether the award…
…and Mr. Barroso discussed whether allegations and possible findings of corruption could impact the jurisdiction of arbitration tribunals and concluded that it would occur when corruption affects the consent to…
…to corruption and economic stagnation – two ills that investment treaties seek to cure by securing the rule of law. In the region, most ad hoc cases are pursued under…
…report, Recommendations 1, (c), 2(a)), whereas the court projects these interests on the Polish State. This could imply that, for example, an arbitral tribunal’s finding of fraud or corruption in…
…corruption, the investors set out some authorities demonstrating the extent of judicial corruption in the respondent State. In support of their argument, the investors referred to various legal indicators and…
…as a notable MENA case which illustrated this point. In addressing the issue of corruption, Ziya Akinci (Akinci Law) noted that it takes two to tango: corruption can (usually via…
…investors and the Host State by introducing some obligations upon the former, especially regarding social and environmental impact, corruption and corporate governance. On the other hand, a modern investment treaty…
…corruption scandal involving former SAT employees. The criminal court at issue granted the SAT’s petition to enact provisional measures over Energuate’s bank accounts, lifted only after Energuate paid the SAT…
…or underlying contract or the making of the award was induced or effected by fraud or corruption. Case law suggests that recalcitrant parties have previously misused the position under Indian…
…the arbitrators. Assessment of Corruption Issues Corruption remained under the spotlight in 2021, but French courts appeared less permissive on this issue as well. While the Court stuck to its…
…and corruption. Arbitrators’ power to adjudicate these issues is conditional upon national courts’ power to review such issues when faced with annulment applications and/or objections to enforcement applications (the ‘second…
It’s all still to play for. After the Paris Court of Appeal refused enforcement of a Swiss arbitral award against Alstom on the grounds of corruption, the French Supreme Court…
…of perceived corruption, and sustainability, as well as the institute’s growing number of cases, reinforce such a position. ======= The author is presently seconded to the Danish Institute of…
…(a) fundamental policy of Indian law; (b) conflict with most basic notions of morality and justice; and (c) fraud or corruption in the making of the award. Patent illegality (now…
…and corruption. Quite apart from the fact that any allegation of bribery and corruption would be difficult to prove as is, there is historically a high standard of proof for…
…Mexican courts acted in good faith (i.e., without colluding with the fraudsters or colluding in corruption, as this was not raised by LMC). However, the Tribunal held that the existence…
…notorious issues – parallel arbitration proceedings, non-signatory parties, res judicata, corruption, and force majeure ‑‑ is now available on KluwerArbitration.com. Two awards, rendered in Madrid and Cairo, relate to the…
…as an anti-corruption hearing officer of the Tennis Integrity Unit. In this context, she spoke about serendipity because the opportunity to come back to sports came only by chance –while…
…law, or sponsored internationally-listed terrorist organisations; caused serious environmental damage; committed serious tax and fiscal fraud; committed acts of corruption; caused grave violations of labour laws; engaged in money laundering…
…corruption and lack of judicial independence is many parts of the world. On the contrary, Professor Hartley acknowledges, with notable understatement, that there are many “countr[ies] where judicial corruption is…
