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On its part, the Respondent raised several objections to the jurisdiction of the Tribunal, specifically pointing to several instances of corrupt and illegal acts allegedly committed by Worley at the making and during the operation of the investment. Worley may have willfully failed to monitor and investigate Tecnazul’s corrupt activities.
In a previous post , we looked at Indonesia Corruption Watch s method for monitoring corruption risks in procurement. Review project implementation ICW received information that the construction of the community center actually started in 2008. Now lets work through an example following their six step process. 19 billion).
In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. This continuous data flow strengthens public trust by minimizing corruption risks and reaffirming a commitment to transparency. Waste broadly refers to suboptimal decision-making in the allocation of public resources.
Roger: The idea of the blog began with a series of conversations between Gwen and Roger in the summer of 2008. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190
More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 The views expressed in this post are the author’s own.
These included ongoing issues such as poor institutional coordination, lack of transparency, high levels of corruption, and murky lines of accountability. And despite the reforms aimed at improving accountability, perceptions of corruption in public procurement remained high.
(‘Ecopetrol’), the national oil company of Colombia, seeking a declaration with respect to certain indemnification terms under a Share Purchase Agreement entered into in 2008 (the ‘2008 SPA’). For the above reasons, the Court decided to grant Forbes IP the anti-suit injunction against the Mexico Injunction.
The keynote address also offered insights into ICC case statistics, revealing Paris as the consistent top choice throughout the years, 2008-2022, except for two instances in 2019 and 2021 when London briefly took the lead.
In 2008, my career trajectory shifted towards the international dimension, culminating in 2012 when I joined Victoria Law Firm in Seychelles. In 1997, I was admitted to the Bulgarian Bar, where my legal practice was predominantly centered around commercial law and privatisation. Past interviews are available here.
In Spain, there is no restriction on third-party funding or success fees which are freely allowed, further to a Supreme Court decision in 2008. In Germany, third-party funding is permitted but success fees are prohibited subject to limited exceptions involving low-value claims. Conversely, other states provide no legislative framework at all.
164/2008 (Civil) as well as in Dubai Court of Cassation No. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 167/2002 (Rights).
Factual Background of the Dispute In 2008, DMRC and DAMEPL entered into a concession agreement to build and operate a high-speed metro line. This final decision (“Final Judgment”) by the Supreme Court signifies a rare and substantial shift in its approach to reviewing awards and interpreting the A&C Act.
RJ 2008/0713 , the CVM has established that the confidentiality of arbitration proceedings does not jeopardize the investors’ right to be informed nor transparency, as it does not hamper the duty of the joint-stock companies to provide information to the market and its investors in accordance with CVM’s regulations.
Regulation (EC) No 593/2008 on the law applicable to contractual obligations (“ Rome I Regulation “), as per its Article 1(2)(e), explicitly does not apply to arbitration agreements. The above is an abbreviated version of an article published in German in the SchiedsVZ | German Arbitration Journal, Vol.
Conclusions The global financial system may be systematically more resilient after the 2007/2008 financial crisis. This may bring about the need for engaging regulatory and financial experts that provide their expertise in the arbitration. Yet, this does not prevent banks from defaulting.
More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 Instead, it raises fundamental questions regarding the interpretation of the arbitration agreement.
TPO refers to arrangements where private investors acquire rights over football players to later profit from transfer fees, a practice gradually banned by FIFA between 2008 and 2015. On 9 March 2017, a CAS arbitral tribunal seated in Lausanne reduced the transfer ban. To be continued.
Facts In 2007 and 2008, Spain adopted a series of measures to encourage investments in renewable energies. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190
In 2001, the SCIA developed its first arbitration case-management network; in 2008, it created an online commercial dispute resolution platform in cooperation with the Alibaba Group, which was implemented in online marketplaces. Version 1.0 of SMART Arbitration was a stand-alone case management software. Version 2.0
In 2008, the Syndicat mixte des aéroports de Charente (“SMAC”), which manages the Angoulême airport, signed several contracts with Ryanair and its affiliate, Airport Marketing Services (“AMS”), to create three weekly routes between London-Stansted and Angoulême.
federal court decisions only occurred in 2008 and, even then, was relatively limited in scope. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190
” (see also: Judgment of 21 May 2008, 2008 SchiedsVZ 195, 196, German Bundesgerichtshof – denying recognition where the award was made by two rather than three arbitrators: Judgment of 27 February 2008, XXXV Y.B 349, Fujian High Ct., – same).)
It was a dynamic period there—the caseload grew from 17 cases when I started in 2008 to over 150 when I left in 2019. Eventually I was drawn back to The Hague to work at the Permanent Court of Arbitration (“PCA”). This interview is part of Kluwer Arbitration Blog’s “Interviews with Our Editors” series. Past interviews are available here.
In 2008, Prof. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 When I finally gave up coaching after 7 years I continued to come as arbitrator.
1 of 2008, which is based on and recognized by the UNCITRAL Model Law, the DIFC exercises its jurisdiction mainly when it is the seat of arbitration or when the arbitration is seated elsewhere but recognition or enforcement of an award is sought in the DIFC. Through Arbitration Law No.
Despite its authority to deviate from past rulings for cogent reasons, the recent decision by the sitting Court on July 31, 2023 upheld the 2008 interpretation that ISDS provisions in treaties are incompatible with the Constitution. The issue at stake was whether the ISDS Provision in the FTA falls within Art. 422’s prohibition.
Canada Decision on Jurisdiction and Admissibility dated July 13, 2018, as well as the Canadian Cattlemen for Fair Trade Award on Jurisdiction dated January 28, 2008). The views expressed here are the author’s own, and do not reflect those of the U.S. government.
ARB/18/13) issued an award under the Canada-Colombia FTA (2008)) (“FTA”). More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190
ARB/18/13) issued an award under the Canada-Colombia FTA (2008)) (“FTA”). More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190
More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190
In 2008 , the Arbitration Law was amended by incorporating provisions regarding the supervisory role of courts on arbitral awards, in particular regarding appeal on arbitration awards both before an arbitrator or the court.
More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 190 – Applicable law in insolvency proceedings, Default Rule, Draft commentary, par.
More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 267 TFEU whereby the CJEU provides authoritative advisory opinions on EU law.
More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190
Finance (right after the 2008 global financial crisis), to help resolving issues concerning complex financial products. The panel then shifted to the complex issues of banking and financial services disputes, with Camilla Macpherson (P.R.I.M.E. Finance) discussing the importance of the creation of an institution such as P.R.I.M.E.
With the exception of capacity (as illustrated in Vivendi v Elektrim , Swiss Federal Tribunal, 4A_428/2008, 31 March 2009), none of these applicable laws will ordinarily point toward the lex fori concursus.
More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata 190 Indias reciprocity reservation must therefore be applied in good faith, keeping this object and purpose in mind.
For the Court to grant a WFO there must exist a sufficiently strong link with England and Wales for the Court to make such an order ( see Company 1 v Company 2 and another [2017] EWHC 2319 (QB) [136] and Mobil Cerro Negro Ltd v Petroleos De Venezuela SA [2008] EWHC 532 ). Any views expressed in this post are the author’s only.
However, after the 2008 financial crisis, Spain retracted its subsidy programs , leading to substantial investor losses. In the early 2000s, Spain introduced incentives to attract investments in renewable energy. Relying on these assurances, investors, including those from the EU, invested significantly in Spanish solar projects.
TPO refers to arrangements where private investors acquire rights over football players to later profit from transfer fees, a practice gradually banned by FIFA between 2008 and 2015. On 9 March 2017, a CAS arbitral tribunal seated in Lausanne reduced the transfer ban. To be continued.
Upon completion of the parties submissions, the Tribunal rendered its Partial Award, whereby the DIFC was held to be the arbitrations seat; and the DIFC-LCIA Rules, 2008 as its applicable rules. To settle this controversy, the Tribunal bifurcated the arbitration to deal with questions pertaining to jurisdiction and procedural matters first.
In 2008, the claimant owned a Swiss subsidiary, WMM AG, which bought Ikh Tokhoirol LLC, an owner of mining licenses in Mongolia (Award, para. This contribution examines the tribunals reasoning in light of a broader context of investment disputes. The respondent is the Government of Mongolia.
1 of 2008 meant that there was no reason in principle why interim awards should not be treated as an award for the purposes of enforcement. The DIFC Court of Appeal considered that the ordinary understanding of an award was anything that was partial, interim, or final. The DIFC-LCIA Saga Continues Judgments stemming from the Dubai Decree No.
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