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Foreign Corrupt Practices Act Update: Considerations Around Voluntary Disclosures

GovCon & Trade

Two recently announced Foreign Corrupt Practices Act (FCPA) settlements involving reinsurance companies demonstrate what happens when the rubber hits the road. Correspondingly, this is yet another important factor to consider in determining whether to make a disclosure. Jardine Lloyd Thompson Group Holdings Ltd.

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Worley International Services v. Ecuador: The What, When and How in Corruption Allegations

Kluwer Arbitration

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.

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What we’re getting wrong about accountability and citizen empowerment

Open Contracting Partnership

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.

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Reflecting on the ICAL 20th Anniversary Conference: Evolution or Revolution? Navigating the Future of International Arbitration

Kluwer Arbitration

She also highlighted the importance of preserving key principles such as procedural fairness and due process, whilst also promoting innovation and adjustment, and ensuring every voice is heard. This sentiment expresses the importance of this topic, one that captured the lively discussion of the panel, moderated by Jurgita Petkute (KNOETZL).

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Pakistani Energy Sector Parties Challenge Arbitration Awards in the English High Court on the Grounds of ‘Serious Irregularity’

Kluwer Arbitration

How domestic courts approach challenges to arbitration awards is of increasing importance as foreign parties often decide to seat an arbitration in a jurisdiction that they believe will provide the greatest stability to governing the arbitration process.

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The Revised IBA Guidelines on Conflicts of Interest: A Call to Action for Parties and Counsel?

Kluwer Arbitration

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.

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I Know the Witnesses and I Will Believe Them; There is No Need for Cross-Examination: A Rare Example of Arbitrator Bias Before English Courts

Kluwer Arbitration

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 principle is far too important to allow it to be passed over [….]” The views expressed in this post are the author’s own.

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