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It should then not be surprising that the possibility that artificial intelligence (AI) could ‘change the rules of the game’ (eg Santiso, 2019 ) and bring procurement corruption to an end is receiving significant attention.
On March 1, the Department of Justice (DOJ) announced that international commodities trading company Gunvor pled guilty and agreed to pay $661 million to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA). Foreign bribery emboldens corrupt officials and undermines the rule of law.”
billion under the IRS program (since 2006), over $3 billion under the CFTC Whistleblower Program (since 2012), and over $6.2 billion under the SEC Whistleblower Program (since 2012). whistleblower reward programs have brought forth over $50 billion under the False Claims Act (since 1986), over $6.6
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.
These and other constraints under the model law are commendable anti-corruption measures, but may make it more difficult to accommodate emerging “green procurement” approaches. Article 8, for example, warns the procuring agency, “when first soliciting the participation of.
In 2012, you oversaw the launch of the world’s first i-Arbitration rules (i.e., Our award winning i-Arbitration Rules 2) AIAC’s i-Arbitration Rules was awarded the “Innovation by An Individual or Organization” Award at the 3 rd Annual Global Arbitration Review Awards ceremony in Bogota, Colombia in 2012. 1] Rule 12 of the 2023 Rules.
This resulted in the forced sell of LARAH’s indirect shareholding in Pluna to the Uruguayan government in June 2012. After a review of all the facts and evidence, the Tribunal concluded that LARAH held a 100% stake in Leadgate/SARAH since April 30, 2012. Therefore, the Tribunal concluded that the FET under Article 4.1 of the Treaty.
Roger: Crina, you joined the Blog in 2012 – 12 years ago. 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 These guidelines have served us extremely well.
Additionally, the Claimants claimed that Panama’s actions included a smear campaign, which involved a criminal investigation into corruption allegations against Mr. Rivera, damaging his global reputation. The Corruption Investigation The Claimants contended that Panama’s criminal investigation was not genuine.
Specifically, the Municipalidad de Lima asserted that Odebrecht, Rutas de Lima’s parent company, secured the contract in 2012 by assisting Mayor Villaran’s anti-impeachment process. It found that neither the contract nor the addendum was void due to the corruption allegations. In 2020, the arbitral tribunal rendered its decision.
Notably, the inclusion of provisions regarding anti-corruption, although framed as involuntary, applies only at the domestic legal level, thus avoiding broader discussions around internationalizing binding anti-corruption measures.
1971-2012 ; Case No. 7278-2012 ). 7278-2012 ). 6975-2012 ). 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
138–139 , June 11, 2012). Conclusion This is an important ruling by the highest judicial authority in Iran, conclusively deciding on a significant issue that has sparked much legal debate, especially following the poorly reasoned decision of the Administrative Court of Justice in 2012. Council of Ministers, Case no.
Ultimately, the 2012 Polish Supreme Court rejected the validity of MSC’s mortgage, because it conflicts with the principle of “social co-existence” and because MSC – being aware of the economic risks of the real estate project – behaved dishonestly and could not be allowed to benefit from its mortgage entitlements.
In Singapore, emergency arbitrator has been included in the definition of ‘arbitral tribunal’ in section 2(1) of the International Arbitration Act 1994 (amended in 2012). However, an in-depth analysis reveals that each legislation dealt with the topic distinctly.
Fernandez Arroyo reported that this was an interesting development considering Venezuela’s denunciation of the ICSID Convention in 2012 and its concerns regarding the investment protection system. Corruption allegations in arbitration proceedings relating to Peru remain very common.
The Arbitration Law of 2012 (“Arbitration Law”), inspired by and modeled after the UNCITRAL Model Law On International Commercial Arbitration, was crafted to offer foreign investors with a reliable and efficient mechanism for resolving potential conflicts. We look forward to attending the SCCA24 Conference !
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
References [ + ] References ↑ 1 UNCITRAL 2012 Digest of Case Law on the Model Law on International Commercial Arbitration , United Nations Commission on International Trade Law, New York, 2012, para. See, e.g. , Art. Steps must be taken, for all that. See, e.g. , Art.
In 2012, the Saudi Arbitration Law ( Royal Decree 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
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.
The UPC is one of the two existing “courts common to the Contracting Member States” for the purpose of article 71 of the Brussels Regulation 1215/2012 (the other being the Benelux Court of Justice ). The two-pronged system comprises the “Unified Patent Court” (UPC) and the “Patent Mediation and Arbitration Centre” (PMAC).
Third parties loaded the DVB onto the Flaminia in New Orleans in early July 2012 before the cargo exploded on the Atlantic Ocean days later. In both arbitrations, Lima responded by arguing among other things that the Concession Contract and its modifications were void due to corruption. Société Indagro v. 730, Pourvoi No.
In 2012, SANESSOL requested a tariff revision, arguing for the necessity of re-establishing the contractual balance. Background The Appeal was filed by SANESSOL, a company that was awarded a public bid for the provision of sanitation services in the City of Mirassol by the Municipality of the city in 2007. Pursuant to Municipal Decree No.
It is noteworthy that more recent analysis in this 2023 blog post showed that the enforcement rate for applications made between 2012 and 2022 had reached 91%. Shivani Sanghi (Fieldfisher) focussed on the discussion around the public policy challenge in India.
32/2012 (“Companies Law”), an agreement to deprive a shareholder of profit, exempt them from losses or granting them a fixed interest is invalid. In the current dispute, the COA found that the subject matter related to public policy. As per Article 29(3) of the Federal Commercial Companies Law No.
Chile’s public procurement agency, ChileCompra, created its “ Public Contracting Observatory ” service in 2012 to detect, prevent, and fix irregularities in government contracting procedures. Today, this initiative is included in the new legislative reform and we have formally assumed the function of monitoring all procurement procedures.”
For example, in 2012, the seven mediation chambers in question received 26 requests for mediation, while in 2021 there were 120 requests. The number of mediation processes initiated went from 22 in 2012 to 90 in 2021.
of Law 1563 of 2012 (the “Arbitration Statute”). 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 Court issued decision No.
Taisei then filed an appeal before the Supreme Court of Pakistan in 2012. 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
At the same time, the asymmetrical approach may be losing ground ( see here about the policy change effectuated in Singapore in 2012). The German Supreme Court, for instance, reached a similar outcome in a controversial decision of 2002 ( see for a comment here ).
Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“ Brussels Ia Regulation “) coordinates the jurisdiction of Member States’ courts and regulates the recognition and enforcement of their judgments.
Pursuant to a facility agreement dated 7 December 2012 (“Facility Agreement”), the Respondent advanced a term loan of USD 140 million to the Appellant. Factual and Procedural Background The present dispute arose out of an unpaid debt incurred by Sian Participation Corp (“Appellant”) to Halimeda International Ltd (“Respondent”).
The Supreme Court dismissed Iliria’s appeal in 2012. 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
Background According to the Judgment , between 2006 and 2012, Gabriele settled three family trusts on nearly identical terms. This post examines the main takeaways from a decision that spotlights the Bahamas as a leading light for trust arbitration in the Caribbean and beyond.
The breakfast debate “Wake up (with) Arbitration” initiated in 2012 by Valence Borgia, Maria Beatriz Burghetto and Caroline Duclercq relaunched on the occasion of the 2024 Paris Arbitration Week. The aim of the “Wake up (with) arbitration!” Hope to see you there!
SADC Model BIT Template ), despite acknowledging that “virtually every State” ( SADC, SADC Model Bilateral Investment Treaty Template with Commentary (Southern African Development Community, 2012), p. 34) already has such provisions in place.
A piece of unique legislation, the Ordinance on the SCIA , enacted by the Shenzhen Municipal Government in 2012, was drafted by SCIA’s founding council members. The first approach taken by the SCIA is to reform the governance structure around international arbitration, namely the governing statute.
I joined the Kluwer Arbitration Blog in May 2012, at that time with Prof. And although we always love to hear of the dealings and experiences of the established group of arbitration specialists, we also wanted the blog to offer a forum for “new” voices with diverse backgrounds. Department of State, as assistant editor.
On 22 May 2012, the President of the Paris Tribunal de Grande Instance granted the exequatur. 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 12/11596 ).
England seems to perfectly understand the opportunity and necessity to use arbitration in such disputes in the domestic realm, thanks to the implementation in 2012 of the Institute of Family Law Arbitrators and the support of state judges. These changes should not be seen as a barrier to starting to use arbitration in family law right now.
Factual Background The arbitration was initiated in 2012 by HSBC PI Holdings (Mauritius) Limited (“ HSBC ”) against Avitel Post Studioz Limited (“ Avitel ”) and its founder and directors under a Share Subscription Agreement executed in April 2011 (“ SSA ”).
In contrast to the Louisiana Court’s decision and reasoning, one may also refer to the approach taken by the Paris Court of Appeal in the case of SAS ADB c REO Inductive Components AG (Paris, Section 1, arrêt du 20 mars 2012, 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
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