…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…
…effected by fraud or corruption. As per Section 34(2)(b)(ii) of the Act, the only ground (in cases involving allegations of fraud or corruption) to refuse enforcement is where “the making…
…ordered an opinion from the Southern District of Texas titled “Opinion on Arbitration Corruption” to be vacated. This arbitration originated from claims by OOGC that Chesapeake was overcharging fees to…
…of public policy usually arise in the more familiar settings of fraud or corruption). In other words, by side-stepping Article 1448 in consumer cases, where the issues of jurisdiction and…
Corruption has been a hot topic in investor-state arbitration in recent years. This is particularly the case in situations where Claimant investors are alleged to have procured their original investment…
…a general unwillingness to assume responsibility for voluntary settlements, the politicisation of disputes, negative publicity, and the fear by government officials of being subjected to allegations for corruption or prosecution….
…corruption, among other grounds. Ultimately the Tribunal held that there were insufficient red flags directly related to the concession agreement and rejected the corruption allegations. This award demonstrates that the…
…of these queries arose from the uncovering of bad practices and acts of corruption associated to the “Lava Jato” investigation, which managed to permeate arbitration in Latin America.3)The “Lava Jato”…
…arbitral practice is mainly focused on corruption on the part of foreign investors (i.e. ‘supply side’ corruption). However, ‘demand side’ corruption (such as the bribery of public officials as a…
…policy refers to the issues such as fraud, corruption, breach of natural justice, etc. The French renowned jurist, Philippe Fouchard, stated that “the French procedural public policy underlines rejecting an…
…instability or corruption. Switching to arbitration in case of existing contracts is challenging because it requires persuading counterparties to change status-quo, perhaps mid-performance under the underlying contract. This can be…
…of bribery and corruption offenses. Given these global developments, it is unsurprising that corruption defenses have become more common in international investment arbitration, and often these corruption investigations occur in…
…corruption and the promotion of sustainable development,” and further that “[t]he Working Group may wish to consider whether the framework for counterclaims by respondent States could be expanded to allow…
