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…
…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)…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…(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,…
…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…
…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…
…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…
…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…
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…
