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Africa, Artificial Intelligence, Asia, Climate change, ICCA, ICCA Edinburgh 2022, Legitimacy, Reform, Technology, Working Group III, Young Arbitration

ICCA Edinburgh 2022: ISDS, Regional Perspectives, New Frontiers in International Arbitration and More: Some Highlights of the Second ICCA Congress Day

Daniel Boden (CMS), Fiona Menzies (Law Society of Scotland), and Patricia Taylor (DWF LLP)/September 21, 2022September 21, 2022 /Leave a comment

…Thacker and Nhu Hoang Tran Thang. Delegates discussed six key topics: the proliferation of young entrepreneurs; AI and digital technologies; climate change and arbitration; corruption in arbitration; geographical diversity; and…

Administrative Contracts, Bolivia, Chile, ISDS, Latin America

Possible Changes In Arbitrating Against The Chilean State: Lessons Learned from Bolivia

Marcelo Alarcon, Fernanda Streeter (Dentons Larraín Rencoret) and Raquel Molina, Rodrigo Rivera (Dentons Guevara & Gutiérrez S.C.)/August 31, 2022September 1, 2022 /1 Comment

…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…

Environment, ISDS Reform

Are Investment Treaties “Zombies”, Unfit for Decarbonization Purpose?

Jorge Guira (University of Reading ) and Maria Beatriz Burghetto (Independent Counsel and Arbitrator)/August 1, 2022July 31, 2022 /1 Comment

…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…

Bribery, Corruption, Evidence, Fraud

The 2022 Dutch Arbitration Day: Fraud and Corruption in Arbitration

Pauline Ernste, Tetyana Makukha (NautaDutilh N.V.)/July 11, 2022July 2, 2022 /Leave a comment

…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…

Arbitration clause, China, Climate change, Corruption, Emergency Arbitrator, Hong Kong, Impecuniosity, India, Interim measures, Philippines, Transparency

In Recap: ICC Asia-Pacific Conference on International Arbitration 2022 (Part I)

Irene Mira, Sunita Advani/June 30, 2022September 11, 2022 /Leave a comment

…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…

Public Policy, Recognition and enforcement of arbitral award, Set aside an arbitral award

Public Policy: Is This Catch-All Provision Relevant to the Legitimacy of International Commercial Arbitration?

Monique Sasson/June 18, 2022May 15, 2024 /1 Comment

…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…

Arbitration, Brazil, Conference, Georgetown, Latin America, Uncategorized

Georgetown Brazilian Arbitration Day: Report on the Current Brazilian Arbitration Landscape

Emily Westphalen (Herbert Smith Frehills) and Marcela Melichar Suassuna‎ (MAMG Advogados)/May 27, 2022May 27, 2022 /Leave a comment

…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…

DIAC, Dubai, LIDW2022, Middle East

LIDW 2022: London as an International Disputes Hub for Dubai, UAE and Region Disputes: is it Still Safe to Arbitrate in Dubai, and Other Hot Topics

Thomas Lehmann (Queen Mary University of London)/May 9, 2022May 9, 2022 /Leave a comment

…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…

Annulment, Belgium, Denial of justice

Brussels Court Sets Aside Investment Treaty Award for Wrongfully Finding Poland Breached its FET Obligation through Denial of Justice

Werner Eyskens (Crowell & Moring) and Lauren Rasking (A&O Shearman)/April 8, 2022April 3, 2022 /1 Comment

…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…

empirical data, International arbitration, Legal indicators, State Responsibility

Deciding by Numbers: How Do Legal Indicators Impact State Responsibility in Investment Arbitration

Kai-chieh Chan (International University of Rabat)/April 2, 2022March 31, 2022 /Leave a comment

…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…

ADGM, Advocacy, Corruption, ESG, ICSID, ICSID Amendments, MENA, Sovereign Wealth Funds, state-owned

Highlights from the ICSID-ADGM Joint-Conference on Investment Arbitration in the Middle-East

Michael Farchakh (Hadef & Partners)/March 28, 2022March 28, 2022 /Leave a comment

…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…

Japan, Reform

Second Generation IIAs: Japanese Perspective

Tarciso Gazzini/March 12, 2022March 11, 2022 /Leave a comment

…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…

Costa Rica, Denial of justice, Investment, Jurisdiction, Past Investment, Treaty Interpretation

IC Power v. Guatemala: Setting the Standard on Past Investments and Denial of Justice in Investment Claims

Ana Rocio Monzón (Eversheds Sutherland), Juan Pablo Gómez Moreno (Juan Felipe Merizalde Abogados), and Santiago Caballeros (Haro, Carbia & Kibrit, S.C.)/February 24, 2022February 23, 2022 /Leave a comment

…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…

2021 in Review, Award Scrutiny, Derivative Claims, India, Joinder, Non-signatory, Seat of the arbitration, Third Party

2021 in Review: India Continues to Make Significant Strides

Piyush Prasad, Ashutosh Ray/February 15, 2022February 15, 2022 /Leave a comment

…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…

2021 in Review, Admissibility, Annulment, Corruption, Dual Nationals, French Law, Independence and Impartiality

2021 in Review: Arbitration-Related Developments in France

Antoine Cottin (Assistant Editor for Europe) (Africa Global Logistics) and William Brillat Capello (Pinsent Masons)/February 14, 2022February 9, 2022 /Leave a comment

…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…

Journal of International Arbitration

The Contents of Journal of International Arbitration, Volume 38, Issue 6 (December 2021)

Maxi Scherer (ArbBoutique & Queen Mary University of London)/December 19, 2021December 16, 2021 /Leave a comment

…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…

Corruption, France, Recognition and enforcement of arbitral award

New Developments in France on the Alstom Saga: The French Supreme Court Overrules the Paris Court of Appeal’s Decision to Deny Enforcement of the Arbitral Award on the Grounds of Corruption

Lisa Stefani (Herbert Smith Freehills LLP)/December 18, 2021December 4, 2021 /Leave a comment

Herbert Smith Freehills

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…

Arbitration institution, Arbitration Institutions and Rules, Arbitration Rules, Denmark

What Do the Updated Arbitration Rules of the Danish Institute of Arbitration Tell Us?

Andrew Poole (The Danish Institute of Arbitration)/December 15, 2021December 10, 2021 /Leave a comment

…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…

Award Scrutiny, Awards, Court Proceedings, India

In Word and Deed? The Indian Supreme Court’s Approach to Scrutiny of Awards

Anjali Anchayil (JSA, Advocates & Solicitors) and Tamoghna Goswami, Pratik Joshi (J. Sagar Associates)/November 25, 2021November 25, 2021 /Leave a comment

…(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…

Corruption, Environment, ESG, International Investment Arbitration, Investment Arbitration, Investment Disputes, Investment law, Investor-State arbitration, Renewable energy, YSIAC Conference

YSIAC Conference Recap: Resolving ESG Disputes Through International Arbitration

Ilene Chua (Oon & Bazul LLP)/November 12, 2021November 11, 2021 /Leave a comment

YSIAC

…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…

Denial of justice, Due process, Investment Arbitration, Mexico, NAFTA

Denial of Justice by Mexican Courts to Canadian Investment Fund under NAFTA: the First of its Kind

Fernando Pérez-Lozada (Loopa Litigation Finance)/October 30, 2021October 12, 2021 /Leave a comment

…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…

Yearbook Commercial Arbitration

The Contents of the Yearbook Commercial Arbitration, Volume XLVI (2021), Upload 4

Stephan Schill (General Editor, ICCA Publications; Amsterdam Center for International Law, University of Amsterdam)/October 16, 2021October 11, 2021 /Leave a comment

…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…

Arbitrators, Diversity

ARBinBRIEF: New Initiative Kicking Off With A Group Of Trailblazers

ARBinBRIEF/October 2, 2021July 5, 2022 /Leave a comment

…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…

Colombia, Denial of Benefits, Italy, Model BIT

The Strange Case of Denial of Benefits Clauses: The Italian and Colombian Model BITs

Tarciso Gazzini, Francesco Seatzu/August 7, 2021August 6, 2021 /Leave a comment

…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…

Kluwer Arbitration Blog

Search Results for: corruption