Investor Obligations: Africa Leads the Way
…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…
Search Results for: corruption
A Tale of Two Cases: Public Policy Defence to Award Enforcement in Hong Kong
…stipulate that it would be contrary to Australian public policy if “(a) the making of the interim measure or award was induced or affected by fraud or corruption; or (b)…
Arbitration Act 1996, English Arbitration Act, English courts, Foreign Dispute, UK, Witness Statement
Securing Witness Evidence: English Courts to the Rescue of Foreign Arbitrations
…for corruption charges. In this respect, they were seeking the evidence of E, an individual who negotiated the questioned payments directly with G on behalf of the Respondents. E was…
Belt and Road and the International Financial Architecture
…PRC government’s Belt and Road Portal. Most of the reporting on BRI addresses allegations of corruption, less developed countries taking on excessive debt, or the economic viability of the BRI…
Evidence of Odebrecht’s Corruption and Third-Party Rights: Arbitration Highlights of the Ruta del Sol Award
…it relates to arbitration, it raises several interesting topics, including (i) the way the Tribunal handled the evidence related to acts of corruption and (ii) the intervention of third parties…
The Hague Rules on Business and Human Rights Arbitration: Noteworthy or Not Worthy for Victims of Human Rights Violations?
…offer to cases involving human rights violations, particularly in jurisdictions where corruption is rife, national courts are flawed, and arbitration would help victims of abuse connected to business activities. The…
Protectionist Amendments to Peru’s Arbitration Law Disguised as Transparency
…and, consequently, prevent corruption. However, the recitals also state that the measures are meant to prevent “situations which may affect the interests of the State and cause serious economic damages…
The Contents of the Brazilian Arbitration Journal, Volume XVII, Issue 65 (March 2020)
…need for arbitrators to adopt a proactive stance on the issue of corruption. In the General Information section, Maria Claudia Assis Procopiak concentrates on the State Attorney General’s Resolution number…
The Contents of the ASA Bulletin, Volume 38, Issue 1 (March 2020)
…4A_247/2014 of 23 September 2014 [Revision – Facts occurring between signature and notification of award – Corruption allegations] 4A_231/2014 of 23 September 2014 [Corruption allegations – Risk of non-compliance with…
Notes on the 35th edition of the Annual Joint Symposium of Arbitrators on 24 February 2020
…in which the subject matter entails an act of corruption, as opposed to contracts obtained by corruption, and concluded that the proposition ultimately incentivizes the conduct that it wished to…
Corruption, Document Production, France, French Supreme Court, Independence and Impartiality, International arbitration, Jurisdiction of the arbitral tribunal, Paris Court of Appeal, Set aside an arbitral award, State Immunity
Decisions of the Paris Court of Appeal and French Supreme Court in 2019
…(Paris Court of Appeal, 28 May 2019) – Strong circumstantial evidence of corruption warrants set aside of an award Alongside detailed inquiries as to the jurisdiction of arbitral tribunals (Rusoro,…
Expropriation, Investment Arbitration, Investor-State arbitration, Minimum Standard of Treatment, Most Favoured Nation (MFN), National Treatment, Non-Disputing NAFTA Parties, Non-Disputing Parties, United States
The United States’ Non-Disputing Party Practice in Investment Arbitrations in 2019
…as the standard of proof in the case of alleged corruption; the proper interpretation of the expedited review mechanism found in many modern U.S. international investment agreements, and interim measures…
On Corruption in Investor-State Arbitration: the Case of Odebrecht Against the Peruvian State
…and respond to the issues of corruption that have been put into issue by Peru. Background to the Dispute Odebrecht states – through a letter addressed to the special…
The Contents of Journal of International Arbitration, Volume 37, Issue 2
…of public interest. Some of these issues are particularly controversial. These ‘hot-button’ issues include international sanctions, corruption, money laundering and, to a somewhat lesser extent, antitrust law. The authors wanted…
India, Brazil Ink Novel Investment Treaty: Is Dispute Prevention the Way Forward?
…and Combating Corruption and Illegality The Article casts a duty upon both nations to adopt measures and make efforts to prevent and fight corruption, money laundering and terrorism financing with…
Arbitral Tribunal, Arbitration, Arbitration Agreement, Arbitration Agreements, Financial Industry, Lebanon
The Ongoing Lebanese Financial Crisis: Is There Potential For Investor-State Arbitration?
Over the past few months anti-corruption protesters in Lebanon have taken to the streets calling for widespread reforms to the Lebanese economic and political system. This has caused considerable strain…
Arbitration clause, Asia-Pacific, Cross-border transactions, Financial Agreements, Financial Industry, Financial Services Arbitration, HKIAC, ICC, International Swaps and Derivatives Association, Self-help remedies, SIAC
Arbitration Trending in the Derivatives Context: Perspectives
…these in my previous post. They include a lack of experience in the local legal profession and judiciary, time delays, a tendency to bias, political complications and corruption. So, how…
Arbitration Agreement, Energy Charter Treaty, Russia, Treaty Interpretation, UNCITRAL, Vienna Convention on the Law of Treaties, Yukos
Revival Of The Yukos Awards Against Russia Following The Decision Of 18 February By The Court Of Appeal In The Hague
…violation of public policy with respect to fraud, corruption and other serious irregularities. Therefore, enforcement would justify and preserve fraudulent, corrupt and illegal activities, thus violating fundamental principles of public…
2019 In Review, Section 1782 Discovery, U.S. Supreme Court, United States, United States Courts, USA, USMCA
2019 In Review: Noteworthy Developments in the United States
…field of investment arbitration has grappled with questions regarding the proof of corruption and response to findings of corruption. Those awards combined flexible evidentiary techniques for assessing corruption allegations with…
International Arbitration: Is Pakistan Finding New Avenues?
…executed in violation of law and on grounds of corruption. are notable examples. For the latter, a list of Pakistani precedents is open to criticism for disregarding the settled principles…
2019 In Review, Armenia, Azerbaijan, Belt Road Initiative, China, Georgia, HK Arbitration Week, HKIAC, Hong Kong, Interim measures, Japan, Kazakhstan, Kyrgyzstan, Online Dispute Resolution, South Korea, Third party funding, Trade, Uzbekistan
2019 in Review: Noteworthy Developments in East and Central Asia
…for improving access to justice and addressing pervasive corruption. The government has proposed developing a system of dispute settlement between entrepreneurs and administrative state bodies in the International Arbitration Court…
The Dawn of a New Era for Arbitration in Pakistan? Highlights from the Inaugural Conference of CIICA’s Young Arbitration Group
…effect and relevance of corruption in international arbitration The subject of the third panel, corruption, was equally current: allegations of corruption had weighed heavily in both the Karkey Karadeniz and…
From the Editors of Kluwer Arbitration Blog: 2019
…UNCITRAL Arbitration Rules. Less positive developments came from Latin America, with the incarceration of renowned arbitrators due to corruption allegations. However, this situation demonstrated the immense cooperation and collegiality of…
2019 In Review, Amparo, Arbitration Act, arbitrators’ conduct, Brazil, Bribery, Colombia, Commercial Arbitration, Constitutional Court, Costa Rica, Ecuador, Guaidó, Kluwer Arbitration Blog, Latin America, Mexico, OAS Guide, Odebrecht investigation, Paraguay, Peru, Venezuela
2019 in Review: Latin America and Commercial Arbitration
…arbitration system As mentioned before, the year ended with an unfortunate event for Peru, following the incarceration of renowned arbitrators due to corruption allegations. As explained here, in the midst…