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As part of Paris Arbitration Week 2025 , ESSEC Business School hosted a roundtable discussion on The Growing Influence of Criminal Law in International Arbitration. First, how arbitration engages with criminal lawparticularly the way tribunals handle corruption allegations and other criminal issues that arise during proceedings.
Since its inception, the Centre has evolved into a global hub for ADR, being built from ground up especially after I took over in 2010, starting with only 22 cases in 2010 and recording 932 cases in 2017. Can you please tell us about one particular position or experience that you held and how it influenced your career?
This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. In Eiser , Dr Alexandrov’s partnership in the chamber from 2002 to 2017 was considered. Moreover, Article 11 imposes the duty to disclose in case of doubt while also making the disclosure obligation ongoing.
However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.
In 2017, the tribunal concluded that it did not have jurisdiction ratione materiae over the claimants’ expropriation claim. The tribunal awarded $80 million in damages. Beijing Shougang v. Mongolia was an UNCITRAL arbitration under the China-Mongolia BIT involving the expropriation of a mining license for an iron ore deposit.
JAW is a premier event, signifying South Africa’s increasing prominence in international arbitration, particularly since implementing the International Arbitration Act in 2017. Prior to 2017, AFSA managed a modest tally of international arbitrations. The impact of these developments on AFSA’s caseload has been remarkable.
The Background Facts The parties concluded two contracts on C&FFO Mundra (India) terms in January 2017 for 20,000mt of lentils and 45,000mt of yellow peas (the “Goods”). The Goods arrived at Mundra in June 2017, but the Buyers failed to make payment prior to arrival. 69 AA 1996 on a point of law.
Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. These changes have profound political, economic, and societal implications.
As such, it served as a useful reminder to arbitration practitioners that regulatory approaches in respect of one might well influence attitudes towards the other. In keeping with the ethos of LIDW, the discussion covered funding with respect to both arbitration and litigation.
There is, therefore, no evidence of any relationship between Firm Capital and the Respondent while the Loan was outstanding that would have influenced the Arbitrator. All dealings with the Respondent regarding the management and repayment of the Loan were conducted by Mashall Zehr.
Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving the way for the re-legitimization of an inherently flawed system. Canada and E.U.
South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. From 2009 to 2017, a total of 21 international arbitrations were registered. AFSA’s statistics bear this out.
This suggests that the intervention increased the level of competition in tenders that were already competitive, but it increased the share of high-corruption risk, single-bidder contracts in the very short-run. However, the average number of received bids increases by 0.5 bids without direct contracts considered. Full text PDF
Although it is referred to as a non-exclusive forum, the Centre has also been included in bilateral investment treaties (BITs), such as the renewed BIT between Türkiye and Ukraine signed on October 9, 2017. It is arguable that the public support behind the Centre may have contributed to these achievements.
A 2017 meta-analysis found that Black job applicants still received 36% fewer callbacks compared to white applicants with no observable change since 1989. This allows for better monitoring within the government workforce and challenges the influence of corruption. Yet their experiences followed a similar pattern.
It scrutinizes a pivotal court ruling that extends the influence of arbitration clauses to non-signatory entities, stressing the necessity for precise comprehension of arbitration stipulations in construction contracts. In 2017, the Court of Appeal held that since Seychelles had repudiated the Convention, it was not enforceable.
After an award was issued against it on July 31, 2015, Usimec sought its annulment, claiming that the translator’s lack of independence and impartiality led to the Sole Arbitrator being influenced by unreliable evidence.
The silence and sparsity of costs coverage in arbitral laws and institutional rules affords wide discretion that result in reliance on customary arbitral norms and practices influenced by national legal cultures and training. The report observes that only two of the 23 applications for security for costs yielded success.
Since 2005, Sir David has been consistently praised as one of the worlds outstanding commercial arbitrators, and in recognition of his outstanding contribution to the development of arbitration law and practice in New Zealand and internationally, was awarded a Knighthood by Queen Elizabeth II in 2017. Past interviews are available here.
The federal government is trying to help; in 2017 the Department of Homeland Security declared election infrastructure part of the nation’s critical infrastructure sectors, and the Cybersecurity and Infrastructure Security Agency (CISA) created a dedicated program providing resources to state and local governments to protect their election assets.
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