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Two recently announced Foreign Corrupt Practices Act (FCPA) settlements involving reinsurance companies demonstrate what happens when the rubber hits the road. Jardine Lloyd Thompson Group Holdings Ltd.
Challenge: Indonesia’s public procurement sector is highly vulnerable to corruption. Public procurement stands out as the most vulnerable sector to corruption in Indonesia. The collaboration revolves around the corruption risk monitoring platform, Opentender.net , developed by ICW and the national public procurement agency LKPP.
In a previous post , we looked at Indonesia Corruption Watch s method for monitoring corruption risks in procurement. Their search of the e-procurement database brought up records related to the faith-based community center development project and construction work dating back to 2016. 19 billion). billion (roughly US$140,000).
On January 24, the Vatican issued new procedures on whistleblowing , recognizing the critical role whistleblowers play in exposing corruption and financial misconduct. The new document expands upon procedures first laid out in 2019 for reporting financial anomalies to the Office of the Auditor General.
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.
After acquiring an indirect majority control over the company, Mr. Schütz appeared in a video leak of bribery acts (known as the “Vladivideos” leak, one of the most infamous corruption scandals of Peruvian history). The Tribunal, quoting the World Duty Free v.
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.
Each year since 2016, Blueprint for Free Speech has awarded annual Whistleblowing Awards. Johannah Phenya, a South African whistleblower who alongside her husband exposed alleged corruption and fraud at Foursight IT Business Solutions. s House of Lords who serves as one of the awards 3 judges.
Out of 813 registered cases of extrajudicial killings between 2016 and 2022, only one conviction was made. SLAPP suits represent the consolidated effort by corrupt actors to waste activists’ financial resources and time. Throughout her career as a journalist, she had exposed the arbitrary use of power by both Congress and BJP leaders.
The JRSS is another example that IT-AAC challenged when the Defense Department awarded a sole source contract to Booz Allen Hamilton (BAH) in 2016. Congress, the Government Accountability Office and the Justice Department must act to stop this type of systematic corruption before we lose the next war fought in cyber space.
Kohn , the author of a landmark 2016 paper on wildlife whistleblower awards. For example, in 2016, the FWS publicized an offer of a $5,000 award for information on the illegal killing of an endangered gray wolf in Southeast Oregon. The program has tremendous potential and could revolutionize the enforcement of wildlife crime.
Subsequently, in 2016, the Administrative Court of Appeal in Dammam confirmed the appointment of the first Saudi woman as an arbitrator in a commercial dispute in KSA, Ms. of the KSAs workforce, up from 20% in 2016. 2) Since the establishment of the Pledge in 2016, appointment of women as arbitrators have more than doubled.
In 2016, the New Chillón Toll Unit (“NCTU”) was inaugurated along a major thoroughfare. Furthermore, in 2016, Brookfield acquired 57% of Rutas de Lima, while Odebrecht retained the 25%, and the remaining 18% was controlled by Sigma. In 2020, the arbitral tribunal rendered its decision.
Key Takeaway – The Decision Narrows Federal Government Authority to Prosecute Corruption by Local Officials By carving out rewards, or gratuities, offered and accepted after an official act, the Supreme Court has substantially narrowed the scope of Section 666. View the full article
Chinas attempt to explore ad hoc arbitration regionally began in 2016 when the Supreme Peoples Court ( SPC ) promulgated the Opinions of the Supreme People’s Court on Providing Judicial Guarantee for the Building of Pilot Free Trade Zones ( SPC Opinions ).
Fully Best Trading Ltd [2016] 1 HKLRD 582 , cited the “clear authority” of a 1993 decision that, under Hong Kong law: “where the parties have clearly expressed an intention to arbitrate, the agreement is not nullified even if they chose the rules of a non-existent organisation”.
Open data is often lauded as a magic pill for anti-corruption: reveal what’s going on, inform the public, and, presto, government will become more accountable. Written by Elizabeth David-Barrett and originally published on the ACE-Global Integrity blog. Oh, and big data just means bigger gains, right?
Emergency Arbitration The SIAC Rules 2016 (“ 2016 Rules ”) allow a party to apply for the appointment of an emergency arbitrator along with or following the notice of arbitration. The procedure has seen substantial interest from users, with 56 applications filed since 2016. USD 715,000, and USD 1,330,00 (approx.).
For instance, the Slovakia-Iran BIT (2016) outlines conducts that could “only” result in a breach of the FET, and the EU-Singapore Investment Protection Agreement notes, that “the frustration of legitimate expectations […] does not, by itself, amount to a breach” of the FET. See Ghana-Turkey BIT (2016), Art.
Since 2016, when the first issue of the European Investment Law and Arbitration Review was published, the Review has tracked developments in the new and increasingly important field of European investment law and arbitration. We are also inviting submissions for the Young Practitioners and Scholars Essay Competition 2024.
Kicking off with a pilot in 2016, it built a pioneering e-procurement system and is now working on ensuring its adoption by all government agencies in the country. Using data to address fraud and corruption The increased digitalization has provided new opportunities to identify bad behavior and corruption risks.
of the LCIA Arbitration Rules 2020 simply requires signing the award while the ICC 2021 Arbitration Rules and the SIAC Rules 2016 do not even mention signing the award. In contrast to these provisions of arbitral institutions in the UAE, there is no similar requirement in the rules of leading arbitration institutions. 42 of 2022.
13/2016 On the Judicial Authority in the Emirate of Dubai and is composed of the President of the Dubai Court of Cassation and at least eight cassation judges appointed by the President (see Art. 13/2016). 13/2016) and are binding on all Dubai Courts. of Dubai Law No. of Dubai Law No. of Dubai Law No. of Dubai Law No.
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.
13/2016 on the Judicial Assembly in the Emirate of Dubai , the General Assembly (or what is sometimes translated as the General Authority) is constituted of eight judges including the president and the most senior judges. The Powers of the General Assembly As per Article 20 of the Dubai Law No.
The underlying dispute concerned unpaid invoices under a Gas Supply Agreement (‘ GSA ’) entered into by the Parties in 2016 for the purchase of Regasified Liquefied Natural Gas (‘ RLNG ’) from Sui Northern Gas Pipelines (‘ SNGPL ’). The LCIA arbitral award (the ‘ Award ’) which was challenged involved a withdrawal of PKR 3.3 8.5m) and PKR 9.23
Digital Transformation for Judicial infrastructure The process of resolving disputes before the Saudi courts has undergone extensive technological upgrades since the start of the Saudi Government’s Transformation Program (“GTP ” ) initiative, in 2016. We look forward to attending the SCCA24 Conference !
1090/2016, 31 December 2018 Ismail Selim, Cairo Regional Center for International Commercial Arbitration (“CRCICA”), ITA Reporter for the CRCICA CRCICA Case No. 1090/2016 (First Industry Operator v. The ITA Board of Reporters has reported on the following awards. First Industry Operator v.
India endorsed the request however Pakistan unilaterally retracted this request and proposed that the dispute be referred to arbitration, in 2016. India formally objected to Pakistan’s unilateral application to the PCA for arbitration and called for modifications to the IWT under Article XII(3) of the IWT.
In 2016, the KSA launched the Saudi Vision 2030 , an initiative to, among others, attract foreign and domestic investment by improving the regulatory environment and enhancing business opportunities. The Kingdom of Saudi Arabia (“KSA”) is undergoing a transformative shift in its economy.
In both cases, the tribunals decided complex international business disputes solely on the basis of the 2016 edition of the UNIDROIT Principles. Two recent arbitral awards support the latter view.
In parallel, the award was also challenged before the German courts, so far resulting in the Pechstein Decision reversing a judgment of the German Federal Court of Justice ( Bundesgerichtshof ) dated 7 June 2016 ( KZR 6/15 , previously discussed here ) and remanding the case to the Higher Regional Court of Munich. In provision R57 para.
He supported this position by referring to India’s termination of 76 of 87 of its BITs in 2016. Ever since then, the Indian government has taken a more cautious approach with the 2016 India Model BIT (“India Model BIT”). The shift in India’s position has become more visible after the White Industries award and subsequent cases.
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. 730, Pourvoi No.
This 2022 Supreme Court judgment followed the leading Supreme Court judgment from 2016 (U.2016.1558/2H), Moreover, Denmark is number 1 in the latest indices for the rule of law and perceived lack of corruption , and number 3 in the UN SDG index, which add to the attraction of Danish arbitration. The Supreme Court decision (U.2022.1117)
Shanghai Branch ( 2016) Jing 02 Min Te No. 2016) Hu 01 Min Zhong 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 DBS Bank (China) Co.,
This decision can be seen as an application of its approach in Fosmax ( CE, 9 November 2016, No. Several laws also regularly create exceptions in the context of the organization of sports events in France, such as the 2016 European Football Championship ( Article 3 of law no. 2111-14 and L. 90-568 of July 2, 1990 ).
To put this risk in context, under the SIAC Rules 2016, any jurisdictional objection on the grounds of the existence or validity of the arbitration agreement may be made initially before the Registrar.
Dr. Etgen provided some interesting statistics on enforcement, noting that a 2016 empirical investigation over a period of more than 20 years showed that the enforcement rate of foreign awards in China was just under 70%.
He is currently the Director of the Asian International Arbitration Centre (AIAC) and President of the Asian Institute of Alternative Dispute Resolution (AIADR) , and he also previously served as President of the Chartered Institute of Arbitrators (2016).
Two prominent AI studies that were relatively successful in predicting outcomes of court judgments of the European Court of Human Rights (“ECtHR”) and the Supreme Court of the United States (“SCOTUS”) and took place in 2016 and 2017 respectively, sparked curiosity over this matter.
India adopted a new Model BIT in early 2016, which contains several pro-State features and subjects the ISDS mechanism to a requirement to exhaust local remedies for 5 years. The unilateral termination of BITs has adversely impacted foreign investment inflows to India. This requirement renders it practically unworkable for foreign investors.
In 2016, Spansion assigned its rights and obligations under the earlier Foundry Agreement to Cypress. 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
2016-39 ), a bilingual (English and Spanish) UNCITRAL arbitration under the UK-Bolivia bilateral investment treaty (the “Treaty”). On 8 September 2023, a tribunal comprising Prof. Ricardo Ramírez Hernández (President), Prof. John Gotanda and Prof. Philippe Sands issued its award in Glencore Finance (Bermuda) Ltd v. Bolivia ( PCA Case No.
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