Search Results for: corruption

Hague Choice of Court Convention, Hague Convention on Choice of Court Agreements, judicial review, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /2 Comments

…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…

Hague Choice of Court Convention, Hague Convention on Choice of Court Agreements, judicial review, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /Leave a comment

…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…

Hague Choice of Court Convention, Hague Convention on Choice of Court Agreements, judicial review, New York Convention

(Permanent Bureau of the Hague Conference on Private International Law)/ /2 Comments

…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…

Hague Convention on Choice of Court Agreements, New York Convention

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /2 Comments

…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…

Hague Convention on Choice of Court Agreements, New York Convention

(Wilmer Cutler Pickering Hale and Dorr LLP)/ /1 Comment

…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…

Canada, Investment agreements, Investment Treaties, ISDS Reform, Model BIT

(Woods LLP) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

…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….

Arbitration, Class arbitration, COVID-19, Cybersecurity, Environment, Human Rights, Mediation, Space Arbitration, Virtual hearings

(Schiefelbein Global Dispute Resolution) and , , (Arizona State University, Sandra Day O'Connor College of Law)/ /Leave a comment

…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…

2020 In Review, Amendment, Anti-arbitration Injunction, Arbitrability, BIT, Enforcement, Fraud, India, kompetenz-kompetenz, Limitation period, Seat of the arbitration, Venue

, / /1 Comment

…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…

2020 In Review, Arbitrator's mandate, Corruption, Disclosure, Economic Sanctions, Enforcement, France, Immunity, Independence and Impartiality, kompetenz-kompetenz

(Africa Global Logistics) and (Talma Dispute Resolution)/ /Leave a comment

…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…

Arbitration, Consent awards, Corruption, Enforceability, France, International Public Policy, Libya, UNCITRAL Arbitration Rules

(Signature Litigation Paris) and (Signature Litigation LLP)/ /Leave a comment

…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…

Arbitrators, Code of Conduct, Disclosure, Diversity, ISDS, ITA, Liability, UNCITRAL Model Law

(Esguerra Asesores Jurídicos)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

…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…

2020 In Review, BIT, Brexit, COVID-19, Due process, foreign direct investment, Human Rights, International agreement, Investment Arbitration, ISDS, ISDS Reform

(Georgetown Law) and (Columbia Law School)/ /Leave a comment

…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….

Arbitration institution, International tribunals, Investment Arbitration, Investment Disputes, investor-State arbitration and mediation, Mediation, Mediation and Dispute Management, UNCITRAL, Working Group III

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

…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…

2020 In Review, Annulment, Appeal, Arbitration Awards, Arbitration Institutions and Rules, Bankruptcy and arbitration, Brazil, Chile, Colombia, Commercial Arbitration, Confidentiality, Corruption, COVID-19, Duty to Disclose, Emergency Measure, Enforcement, Judicial intervention, Latin America, Mexico, Peru, Transparency, Venezuela

(Herbert Smith Freehills)/ /Leave a comment

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…

2020 In Review, Code of Conduct, ISDS Reform, Singapore Convention on Mediation, UNCITRAL WG III Series

(Australian National University) and (Durham Law School)/ /1 Comment

…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…

Due process, Public Policy, Transparency

(White & Case LLP), (Derains & Gharavi), and (Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment
Rising Arbitrators Initiative (RAI)

…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,…

2020 In Review, Appellate Court, Burden of proof, Colombia, Corruption, Dominican Republic, International Investment Arbitration, Interpretation, Latin America, Lava Jato, Mexico, Odebrecht investigation, Peru, USMCA, Venezuela

(Locke Lord LLP)/ /Leave a comment

…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…