Open Contracting Partnership

MARCH 31, 2025

Many of you will know that weve always been interested in opening up and improving the procurement and contracts that underpin mega-sporting events, which have – all too-often been – vectors for cronyism, corruption or massive mis-spending.

Transparency 86

Transparency Bidding Sustainability Corruption 86

Open Contracting Partnership

SEPTEMBER 9, 2024

billion as having three or more red flags for corruption risks and conflicts of interest (see Annex 3 of the report for 14 red flags they used). And analysis by Spotlight on Corruption suggests that HPL contracts seem to have had a higher failure rate than other Covid PPE contracts (over half of the spending!).

Procurement 116

Procurement Transparency Buyers Corruption 116

University of Bristol

NOVEMBER 15, 2021

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.

Corruption 52

Corruption Public Procurement Procurement Data 52

Kluwer Arbitration

OCTOBER 29, 2023

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.

Corruption 52

Corruption Bidder Tender Management 52

Government Contracts

JANUARY 23, 2025

Fox News has filed a public records lawsuit suggesting that Los Angeles County officials may have taken bribes to award a 2020 election contract to Smartmatic, the voting technology company currently pursuing a $2.7 billion defamation suit over Fox's coverage of that election.

Corruption 52

Corruption Contract 52

Whistleblower Network News

SEPTEMBER 13, 2024

Securities and Exchange Commission (SEC) announced that Deere & Company, which does business as John Deere, agreed to pay nearly $10 million to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA).

Corruption 112

Corruption Media Accountability Government Contracts 112

Whistleblower Network News

MARCH 5, 2024

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.”

Corruption 109

Corruption Competitive Bidding Media Bidding 109

Kluwer Arbitration

MARCH 2, 2024

Successful challenges on this basis are rare: the English Commercial Court data recorded that in 2020-2021, only one out of 26 applications succeeded – a success rate of 4%. The Section 68 Challenge Section 68 is one of only a handful of narrow grounds on which arbitral awards can be set aside (or remitted to the tribunal) under English law.

Corruption 52

Corruption Ethics Transparency Import 52

Whistleblower Network News

MAY 7, 2024

The AML Act of 2020 broadened the scope of culpable actors, reporting requirements, transactional record keeping, penalties, and international collaboration. These provisions offer monetary awards and anti-retaliation protections to whistleblowers who report money laundering violations.

Balance 109

Balance Corruption Networking Collaboration 109

Whistleblower Network News

MARCH 25, 2024

For example, the KKC attorneys urge the DOJ to establish anonymous and confidential reporting channels for whistleblowers, something the agency was actually mandated to do under the Anti-Money Laundering Act of 2020. “We One of KKC’s founding partners, Stephen M.

Participation 112

Participation Corruption Quality Networking 112

Kluwer Arbitration

NOVEMBER 6, 2023

However, in a recent case ( Case 35140-2020-71-AAC ) brought before the Plurinational Constitutional Court of Bolivia (“ Court ”), the extraterritorial jurisdiction issue of Bolivian courts arose in relation to an order issued within an ICC emergency arbitration proceedings seated in Santiago, Chile.

IT 98

IT Contract Corruption Government 98

Government Contracts Legal Forum

JULY 10, 2024

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. Chris Christie who participated in the “Bridgegate” scandal.

Corruption 52

Corruption Participation Government Government 52

Kluwer Arbitration

OCTOBER 8, 2023

The third judgment, with a comment by Etienne Marque, is the latest saga in the remarkable string of French cases pursuant to which the annulment judge is granted the power to investigate all the elements of corruption in law and in fact.

Corruption 98

Corruption IT Management Contract 98

Kluwer Arbitration

JULY 8, 2024

In 2020, the arbitral tribunal rendered its decision. It found that neither the contract nor the addendum was void due to the corruption allegations. Annulment Proceedings In August 2020, the Municipalidad de Lima sought to vacate the first award, and in March 2023, it also petitioned the D.C. Moreover, the D.C.

Corruption 52

Corruption Contract Procurement IT 52

Kluwer Arbitration

JANUARY 11, 2024

We are grateful to have the opportunity to showcase AFSA, one of Africa’s top five arbitral centres, as highlighted in the SOAS 2020 Arbitration in Africa Survey Report. In 2020, the SOAS 2020 Arbitration in Africa Survey Report identified 91 arbitral centres in Africa, although not all carry out the functions of an arbitral centre.

Efficiency 98

Efficiency Quality Demand Collaboration 98

Kluwer Arbitration

APRIL 21, 2024

This call to action was followed by additional posts in early 2020, including 1999 called and wants its Procedural Order back and We have Flight Pride when we should have Flight Shame , which provide insight into Lucy’s concerns about the way the arbitration community appeared unconcerned about the environment at this time.

Sustainability 59

Sustainability Participation Corruption Efficiency 59

Kluwer Arbitration

JUNE 3, 2024

403 of 2020 (Civil). 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. of the LCIA Arbitration Rules 2020 , which allows electronic signing of the award “[u] nless the parties agree otherwise.” 42 of 2022.

Electronics 69

Electronics Consulting Accountability Corruption 69

Kluwer Arbitration

DECEMBER 28, 2023

Furthermore, such disclosure obligations have already been satisfactorily addressed by the new ICSID Arbitration Rules 2022 following the annulment decision in Eiser v Spain (2020).

Thresholds 95

Thresholds Influencing Corruption IT 95

Kluwer Arbitration

JANUARY 12, 2024

Back in 2020, we had reported on the Heemsen v. Corruption allegations in arbitration proceedings relating to Peru remain very common. Peru , where the tribunal dismissed Peru’s ratrionae materiae objection based on corruption allegations. Venezuela The dual nationals saga continued in Venezuela.

Corruption 52

Corruption Telecommunication Tender Insurance 52

Kluwer Arbitration

JUNE 9, 2024

The case was a straightforward application of the relevant legal test under section 24(1) of the EAA, set out in the Supreme Court judgement Halliburton v Chubb [2020] UKSC 48 ( see previous coverage here ) nuanced by the particular facts of a non-lawyer arbitrator. The law in relation to apparent bias is well settled.

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

DECEMBER 14, 2024

3802803 of 2020. LECTURE Emilia ONYEMA, Corruption, Access to Arbitration for Local Communities: Mitigating the Cost of Corruption and Providing Access to Justice for Local Communities A written reflection of CIArbs 2024 Roebuck Lecture, this paper, in the context of the Nigeria v. Bhaskar Raju judgment. Indo Unique Flame Ltd.

Management 52

Management Corruption Negotiation Import 52

Curbing Corruption in Government Contracting

MARCH 6, 2020

GTI-R/2020:1, Budapest: Government Transparency Institute. Full text PDF Adam, I., Dávid-Barret, E., Fazekas, M. India’s Federal Procurement Data Infrastructure: Observations and Recommendations.

Data 52

Data Procurement E-procurement Transparency 52

Kluwer Arbitration

MARCH 31, 2024

71,508-2022; CS of January 16, 2023, Rol 3,545-2022; CS of July 29, 2021, Rol 104,262-2020). On February 6, 2020, the Buyer paid the Seller – as an advance payment and against the fixed price – the total amount of USD 101,250.

Buyers 52

Buyers Balance Price Contract 52

Kluwer Arbitration

FEBRUARY 16, 2024

Impartiality and Independence of Experts Various rules on the use of party-appointed experts in arbitration, e.g. , the IBA Rules (2020) and the CIArb Protocol (2007), make clear that an expert’s role is to assist the arbitral tribunal (“tribunal”), and in so doing, to act with impartiality.

Quality 52

Quality Corruption Import Management 52

Kluwer Arbitration

FEBRUARY 14, 2024

To clarify this, the Saudi Arabian Monetary Authority (“SAMA”) issued a December 2020 circular instructing banks to honor guarantees regardless of corporate insolvency, as the guarantee represents a separate debt between the bank and the beneficiary of the guarantee. We look forward to attending the SCCA24 Conference.

Distribution 52

Distribution Corruption Purchasing IT 52

Kluwer Arbitration

OCTOBER 14, 2024

As to the first claim, the Arbitral Award established that COVID-19 had caused a significant financial imbalance to the Concession Agreement, the execution of which continued throughout 2020 under severely worsened financial conditions. By way of background, under Decree-Law no.

Contract 52

Contract Sustainability Negotiation Import 52

Kluwer Arbitration

NOVEMBER 22, 2023

Likewise, in Peru, 14 arbitrators were indicted on corruption charges in 2020 after a whistleblower allegedly admitted to receiving money from parties to an arbitration. Nataf observed differences in the views of French and English courts on corruption in arbitration and the power to investigate evidence.

Corruption 52

Corruption Participation Import IT 52

Kluwer Arbitration

NOVEMBER 24, 2023

When the USMCA entered into force on 1 July 2020, the general view was that the agreement would limit the ability of investors to file investment arbitration claims because the new rules offered limited access to the ISDS mechanism compared with NAFTA. 1 July 2020). 1 July 2020). Furthermore, investors from Canada and the U.S.

Transportation 59

Transportation Transportation Telecommunication Government Contracts 59

Kluwer Arbitration

NOVEMBER 13, 2023

The English Commercial Court’s September 4, 2020 decision in P&ID 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

Finance 98

Finance Thresholds Import Corruption 98

Kluwer Arbitration

MAY 15, 2024

Finally, the vast majority of African states (forty-two out of fifty-four) have now adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards , including Malawi, Sierre Leone, Ethiopia, and the Seychelles since 2020.

Negotiation 52

Negotiation Capacity Import Corruption 52

Kluwer Arbitration

SEPTEMBER 19, 2024

A Geneva-seated tribunal chaired by Laurent Aynès and including co-arbitrator Charles Poncet issued an interim award in 2020, holding that Crescent had validly terminated the supply contract (the “Interim Award”). Still in 2020, the Court declared an application to set aside the Interim Award inadmissible.

Corruption 52

Corruption Thresholds Sustainability IT 52

Open Contracting Partnership

FEBRUARY 1, 2024

In 2024, we look towards implementation of the resolution and participation at the International Anti-Corruption Conference (IACC) in Lithuania this summer. Together with the global community, we were able to close out 2023 with a big advocacy win, with the UN’s first ever resolution on public procurement passed in December.

E-procurement 76

E-procurement Public Procurement Capacity Procurement 76

Kluwer Arbitration

APRIL 28, 2024

In a partial award issued on 13 June 2020, a majority of the tribunal rejected Gabriele’s counterclaim and set aside Delanson’s distribution to Gabriele based on a breach of the trusts and for an improper purpose. Relevantly, Gabriele filed a counterclaim seeking, inter alia , to set aside the trust on the grounds of mistake.

Distribution 52

Distribution Capacity Corruption IT 52

Kluwer Arbitration

FEBRUARY 3, 2024

Case Law Prior to the Berezan Case The judgement of the Civil Court of Cassation of the Supreme Court dated 21 May 2020 in case No. After that, several issues, not directly related to non-signatories but important for developing the pro-arbitral approach of Ukrainian courts, will be elucidated before proceeding to conclusions.

Buyers 98

Buyers Contract Purchasing Price 98

Kluwer Arbitration

MARCH 24, 2024

Between 2020 and 2022, the Spanish Constitutional Court (“SCC”) rendered several decisions on the issue of public policy that have reversed this annulment trend adopted by the TSJM. On 15 June 2020, the SCC issued the first of its decisions ( STC 46/2020 ) concerning the issue. Much has changed since then, however.

Thresholds 52

Thresholds Corruption IT 52

Kluwer Arbitration

NOVEMBER 24, 2023

01-18-0002-9174, 30 October 2020 Ernesto M. 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 HKIAC determined to confirm the first co-arbitrator.

Telecommunication 52

Telecommunication Distribution Transportation Transportation 52

Kluwer Arbitration

JULY 5, 2024

Guangdong Fa’anlong (2020) (“ Brentwood ”), where the court suggested that an ICC award seated in China should be enforced as a Chinese award, implying perhaps that Chinese courts would be more ready to accept supervisory jurisdiction over such awards going forward. 2024: SPC’s promotion of Daesung Industrial Gases Co.,

Thresholds 52

Thresholds Import Corruption IT 52