Whistleblower Network News

APRIL 16, 2024

Not only was the whistleblowers’ information key for resolving alleged misuse of Medicare Part B between 2014 and 2017, but they also assisted the settlement of “false claims to Medicare by billing for diagnostic imaging procedures” from 2014 to 2021. These acts went against the Stark Law, or the Physician Self-Referral Law.

Whistle-blowing 56

Whistle-blowing Corruption Demand Accountability 56

Kluwer Arbitration

AUGUST 5, 2024

Background Facts In 2014, an arbitrator rendered an award, entitled “Final Award”, holding York International Pte Ltd (“York”) liable to Voltas Limited (“Voltas”) for sums amounting “up to a maximum of” SGD 1,132,439.46 (“2014 Award”). In 2020, Voltas sought a further award from the arbitrator on whether this sum was payable.

IT 52

IT Corruption Demand 52

Open Contracting Partnership

SEPTEMBER 19, 2024

The lost decade: EU Auditor Helga Berger painted a sobering picture: we’ve lost a decade of progress in European procurement despite 2014 Directives. Data-powered red flags strengthen efforts to fight corruption. All this will likely lead to revised public procurement directives. This trend started long before Covid.

Procurement 67

Procurement Public Procurement E-procurement Transparency 67

Kluwer Arbitration

JULY 8, 2024

Additionally, the Municipalidad de Lima claimed that Odebrecht had made two payments in 2014 to secure the Bankability Addendum to the contract. It found that neither the contract nor the addendum was void due to the corruption allegations. In 2020, the arbitral tribunal rendered its decision. Moreover, the D.C.

Corruption 52

Corruption Contract Procurement IT 52

Kluwer Arbitration

FEBRUARY 24, 2024

Hydro-Québec, 2014 QCCA 948. Hydro-Québec, 2014 QCCA 948. 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 Probuild [2021] VSC 849.

Collusion 52

Collusion Contract Administration Corruption Demand 52

Kluwer Arbitration

JUNE 9, 2024

In this context it is important to recall that bias is not used in a pejorative sense, rather it means the absence of demonstrated independence and impartiality ( Yiacoub v The Queen [2014] UKPC 22 ). The views expressed in this post are the author’s own.

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

MAY 16, 2024

While the Polish Supreme Court decided in 2012 that the enforcement of MSC’s mortgage for one apartment violated the principles of social co-existence, it decided in 2014 that MSC’s enforcement of the mortgage for another apartment did not violate these principles. 28 November 2014, C.12.0517.N

Finance 52

Finance IT Corruption Contract 52

Kluwer Arbitration

OCTOBER 14, 2023

Erica Stein (Stein Arbitration) noted that this year the IBA Arbitration Committee constituted a task force to revise the 2014 IBA Guidelines on Conflicts of Interest. Kostytska pointed to the added difficulty in a scenario when neither party raises corruption, but it is the “elephant in the room” that the deal does not make sense.

Corruption 52

Corruption Transparency Demand Consulting 52

Open Contracting Partnership

JULY 21, 2023

David is the founder of reAcción , a grassroots anti-corruption civil society organization that empowers young people in Paraguay to fight for government transparency and social accountability. I work in anti-corruption, leading an organization that focuses on the education sector in Paraguay.

Accountability 52

Accountability Education Corruption Demand 52

Kluwer Arbitration

MAY 7, 2024

First published in 2004 (the “2004 IBA Guidelines”) and then revised in 2014 (the “2014 IBA Guidelines”) (collectively, the “IBA Guidelines”), the IBA Guidelines have become a go-to guide for arbitrators, counsel, and arbitral institutions in identifying conflicts of interest and assessing the need for disclosure.

Influencing 52

Influencing Transparency Networking Media 52

Kluwer Arbitration

JULY 17, 2024

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

Thresholds 98

Thresholds Import Contract Negotiation 98

Kluwer Arbitration

NOVEMBER 24, 2023

XX/2014, 27 March 2016 Ismail Selim, ITA Reporter for the Cairo Regional Center for International Commercial Arbitration (CRCICA) In CRCICA Case No. XX/2014 (Operator v. An Operator of the Relevant Industry (“First Operator”) v. Another Operator of the Relevant Industry (“Second Operator”) (Award), CRCICA Case No. Claimant v.

Telecommunication 52

Telecommunication Distribution Transportation Transportation 52

Kluwer Arbitration

DECEMBER 27, 2023

To provide a brief overview, in 2014, an arbitral tribunal seated in The Hague found that Russia had unlawfully expropriated Yukos’ assets in breach of the Energy Charter Treaty (“ ECT “) and awarded more than US$50 billion in damages to the Shareholders. and England.

Thresholds 52

Thresholds Corruption IT Procurement 52

Kluwer Arbitration

DECEMBER 29, 2023

The investor-Maya Dangelas was born in Vietnam and became a naturalised American citizen in 2014, which made the basis of rationae personae jurisdictional objection by Vietnam before the tribunal. In 2014, the majority of the tribunal had upheld its jurisdiction.

Corruption 52

Corruption IT Contract Accountability 52

Kluwer Arbitration

JANUARY 17, 2024

Altomart Limited [2014] WLR(D) 536 (“ Salford ”) at [41]. Altomart Limited [2014] EWCA Civ 1575 and reiterated by the High Court of Justice in Telnic Ltd v. . Altomart Limited [2014] WLR(D) 536 (“ Salford ”) at [41]. 2) Limited v. and discourage parties from bypassing arbitration by presenting winding up petitions.

Thresholds 52

Thresholds Demand Bidding Distribution 52

Kluwer Arbitration

NOVEMBER 12, 2023

3475-2014, Constitutional Court of Guatemala, Decision of December 9, 2014): Companies, its bodies and shareholders may arbitrate matters that “for convenience, pertinence and opportunity are beneficial to the corporate purpose and the activity of the company.”

IT 52

IT Integration Integrity Corruption 52

Kluwer Arbitration

FEBRUARY 7, 2024

Louis Dreyfus Armatures SAS & Ors , 2014 SCC OnLine Cal 17695. Meanwhile, the Calcutta High Court asserted that the Indian Arbitration Act does apply to investment arbitration awards 3) The Board of Trustees of the Port of Kolkata v.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

JANUARY 16, 2024

This decision mirrors the approach in other states, such as New York, 3) See the 2014 New York Supreme Court Ruling to quash nonparty subpoenas in Empire State Building v. ↑ 3 See the 2014 New York Supreme Court Ruling to quash nonparty subpoenas in Empire State Building v. New York Skyline, Inc. Section 1283.05 5th at 401.

Finance 52

Finance Corruption IT Efficiency 52

Kluwer Arbitration

OCTOBER 3, 2024

The Crimean Cases After Russia took control of Crimea in 2014, a number of Ukrainian nationals started arbitral proceedings against Russia under the Russia-Ukraine BIT, seeking compensation for alleged losses incurred in relation to investments made in the region.

Accountability 59

Accountability IT Corruption Government 59

Kluwer Arbitration

MAY 2, 2024

In both arbitrations, Lima responded by arguing among other things that the Concession Contract and its modifications were void due to corruption. Finally, the Court rejected Lima’s argument that both awards violated the United States’ public policy regarding enforcing or procuring contracts through corruption. Société Indagro v.

Transportation 52

Transportation Transportation Corruption IT 52

Kluwer Arbitration

AUGUST 7, 2024

XX/2014 (Operator v. 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 Second Industry Operator (Award), CRCICA Case No.

Freight 52

Freight Transportation Transportation Contract 52

Kluwer Arbitration

MARCH 26, 2024

Temnikov, A Procrustean Bed: Pre- and Post-award Interest in ICSID Arbitrations, ICSID Review, 2014, Vol. 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

Accountability 64

Accountability Finance Utilities Corruption 64

Kluwer Arbitration

FEBRUARY 2, 2024

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 What he rendered in 2022 was an award in form only; it was not an “arbitral award” within the meaning of the NYC.

Capacity 52

Capacity IT Government Government 52

Kluwer Arbitration

DECEMBER 22, 2023

10/2014/QD-PQTT dated 28 October 2014 (“ Decision 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 ↑ 4 Article 68.2(b)

Negotiation 52

Negotiation Contract Corruption IT 52

Kluwer Arbitration

FEBRUARY 28, 2024

2014) enforced a supplemental award restraining the respondent to satisfy an interim award with escrowed funds. 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

Import 52

Import Thresholds Contract Corruption 52

Kluwer Arbitration

AUGUST 29, 2024

For example, the WIPO Arbitration and Mediation Center, which specializes in the resolution of IP and technology disputes, has recently seen a significant increase in cases – from 71 new cases in 2014 to 679 new cases in 2023.

Influencing 52

Influencing Contract Corruption Efficiency 52

Kluwer Arbitration

AUGUST 4, 2024

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

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

JULY 31, 2024

In so doing, the Privy Council overruled the leading English authority Salford Estates (No 2) Ltd v Altomart Ltd (No 2) [2014] EWCA Civ 1575 (“ Salford Estates ”) on this issue. Instead, the correct test to be applied by the court in the exercise of its discretion is whether the relevant debt is disputed on genuine and substantial grounds.

Retail 52

Retail Participation Corruption IT 52

Kluwer Arbitration

MAY 26, 2024

Hamama led a discussion regarding Russia’s annexation of Crimea and the Donbas region in 2014, outlining the solid ground it created for claiming damages and compensation, and noted that similar claims have emerged following the Russia-Ukraine war in 2022.

Import 52

Import Tender Utilities Corruption 52

Kluwer Arbitration

MAY 19, 2024

Following an award on jurisdiction and liability in 2014 , in CGC’s favour, and several unsuccessful challenges by NIOC under s.67 In 2003, CPCIL assigned its rights under the GSPC to its wholly owned subsidiary, CGC. NIOC failed to supply any gas pursuant to the GSPC. Therefore, CGC commenced arbitral proceedings pursuant to the GSPC.

Purchasing 52

Purchasing Corruption IT Management 52

Kluwer Arbitration

JANUARY 29, 2024

Al-Warraq v Republic of Indonesia , UNCITRAL, Final Award (15 December 2014), para. 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

Sustainability 52

Sustainability Impact Assessment Thresholds Contract 52

Kluwer Arbitration

SEPTEMBER 30, 2024

Gazprom justified this limitation with reference to Article 5n of Council Regulation (EU) No 833/2014 , which prohibits EU lawyers and law firms from providing legal services to Russian entities (with certain exceptions); Gazprom can only de facto claim justice in Russia. Gazprom invoked Articles 248.1

Export 52

Export Participation Transportation Transportation 52

Kluwer Arbitration

JULY 25, 2024

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 by incurring in arbitrary and discriminatory measures, and illegally expropriated Claimant’s investment (Art.

Capacity 52

Capacity IT Corruption Price 52

Kluwer Arbitration

MAY 22, 2024

In 2013 and 2014, Spain abrogated these measures and replaced them with regulations providing less benefits to investors. Facts In 2007 and 2008, Spain adopted a series of measures to encourage investments in renewable energies. Under this regime, EDF Energies Nouvelles S.A. (“EDF”)

IT 52

IT Corruption Contract 52

Kluwer Arbitration

MARCH 20, 2024

Gox platform, a Tokyo-based Bitcoin exchange, that abruptly vanished in 2014. 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

Distribution 52

Distribution Utilities Accountability Purchasing 52

Kluwer Arbitration

OCTOBER 27, 2023

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 Mr. Xavier highlighted CBAr’s initiatives towards the promotion of CISG’s application in Brazil.

Contract 52

Contract Import Ethics Corruption 52

Kluwer Arbitration

SEPTEMBER 16, 2024

In September 2014, a three-member arbitral tribunal issued the final award (“ Award ”) directing Avitel, its founder, and directors (“ Award Debtors ”) to pay USD 60 million as damages to HSBC. However, HSBC subsequently discovered that the invested money was siphoned off to different companies which led to the arbitration.

Thresholds 52

Thresholds IT Corruption Sustainability 52