…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…
…anti-corruption and anti-fraud enforcement actions. For more information on COVID-19 mass claims, see here and here. Mr. Schiefelbein, in his closing remarks, recognized two exceptional ASU law students – Olivia…
…under Brazilian law, collectively for liability owing to the sharp decline in Petrobras’ value following the disclosure of fraud and corruption scandals. The Court held that the arbitration clause at…
…the basis of the award or the making of the award was induced by fraud or corruption. the deletion of the controversial eighth schedule (that had onerous qualification requirements to…
…involving corruption in both the 2017 Belokon and 2018 Alstom cases, the Court further clarified its approach in Samwell. Although corruption is most often addressed on public policy grounds, the…
…corruption in domestic and international affairs than ever before. France has indeed significantly strengthened its anti-corruption framework since adopting the so-called “Sapin II” law in December 2016, introducing mandatory anti-corruption…
…Peru, as do investigations in other cases involving alleged corruption by Brazilian companies known as “Operação Lava Jato” or “Operation Car Wash”. Karima Sauma (CICA, Costa Rica) moderated a…
…and combat corruption Corporate social responsibility Non-lowering of standards General exception for health Seeking to preserve regulatory autonomy FET standard Japan–Morocco BIT Art. 7 (aspirational language) None Art. 19 Art….
…corruption. It also helps to preserve the relationship between the investor and the State. Another recommendation is the development of a permanent investment court structure, which is capable of bringing…
Corruption, annulment of arbitral awards and court intervention mark the main developments for 2020 in Latin America. Our contributors this year reported on the most important judicial decisions and legislative…
…government officials of being subjected to allegations for corruption or prosecution. Further examining the broad acceptance of confidentiality in investor-State mediation, Esmé Shirlow situated this practice against increasing calls to…
…their own scope of application. Parallel to the national concepts of public policy, Mr. Derains highlighted truly (transnational) international public policy rules, such as the prohibition of corruption, forced labour,…
…of parts of the traditional system, like the finality of awards. The Odebrecht scandal: What’s the burden of proof to prove corruption acts? It’s been almost four years since…
