…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…
…of dealing with a problem that is already well-known and clearly-defined – namely, endemic corruption and lack of judicial independence in many legal systems – and that is already addressed…
…an opportunity to be heard, corruption or lack of a fair trial, the case should fall squarely within the Convention’s Article 9(e) ground to refuse recognition or enforcement. In Part…
…initiation of a criminal case under the disputed agreement”. According to the court, combating corruption is part of both domestic and international public policy. Thus, corruption, which could have occurred…
…number of states. Efforts to detect, and prove, judicial corruption are notoriously challenging and seldom successful. Demonstrating corruption in an individual foreign judicial proceeding is even more challenging, because of…
…EU study reported, “another substantial cause of corruption practices in courts is the low level of the judges’ professional education, prior corruption experience or lack of real practical experience.” Although…
…forum selection clauses and national court judgments. By seeking to do so, the Convention first ignores the realities of endemic corruption among various judiciaries and inexperience and lack of independence…
…recognized standards, guidelines and principles concerning labour, environment, gender equality, human rights, community relations and anti-corruption. Investors are likewise invited to engage in meaningful dialogue with local (including Indigenous) communities….
…to allegations of fraud or corruption) independent of the legal standards in Section 34. It is also noteworthy that the grounds of fraud and corruption were already available to award-debtor…
