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By Torplus Yomnak, Co-Founder of HAND Social Enterprise and the Director of the Knowledge Hub for Regional Anti-Corruption and Good Governance Collaboration (KRAC) In May 2021, amid the pandemic lockdowns, a villager in Thailand took a stroll on the outskirts of their town, making an unexpected discovery that would stir the local community.
On May 7, the Malaysian government launched its 2024-2028 National Anti-Corruption Strategy (NACS), a continuation of its 2019 National Anti-Corruption Plan (NACP) that ended in 2023. However, this unprecedented win was short-lived, with Malaysia regressing in the subsequent two years, falling to 57th in 2020 and 62nd in 2021.
Treasury Department and Financial Crimes Enforcement Network (FinCEN) to craft regulations for the recently established Anti-Money Laundering (AML) Whistleblower Program that are consistent with the United States’ global anti-corruption agenda. s anti-corruption agenda.
Together, they embark on a perilous journey in their quest to expose the state capture of a corrupt South African security group and the double-dealing profiteers who benefit from warfare in Africa. South African whistleblowers face an uphill battle when it comes to reporting corruption.
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.
For example, in Case [2021] Shanghai 0115 Civil Frist Instance No.12932-(1) These 2021 Draft for Comments demonstrated the ambition to expand the practice of ad hoc arbitration to a broader scope and at a national level in China. The current draft does not explicitly address this issue.
According to the government’s allegations, “between January 2021 and October 2023, HMIS engaged in a systemic and fraudulent overcharging of DOE for fire protection work at Hanford. We will continue to work hand-in-glove with our law enforcement partners to end fraud and corruption at Hanford and support environmental remediation.”
In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. For LAC countries, digital technologies can be an important ally in achieving this balance. This continuous data flow strengthens public trust by minimizing corruption risks and reaffirming a commitment to transparency.
Jackson Moot Court Competition 2021 with my peers. This achievement will mark an important milestone in my professional career as I will become the first licensed to practice in both Bulgaria and South Africa. However, AFSA, in 2021, recorded an impressive number of international arbitrations (102, in fact).
In April 2024, a law passed by the Investment Authority opened the import, wholesale, retail and export (of raw coffee, khat, oilseeds, pulses, hides and skins, forest products, poultry and livestock bought from the local market) sectors to foreign investments.
34/2021: A View from Inside and Outside the UAE This article discusses recent court rulings that deal with the enforceability of a Dubai International Financial Centre (DIFC)-London Court of International Arbitration (LCIA) arbitration clause following the entry into force of Decree No.
They were not made public until WNN reported on them in 2021 following a FOIA request. For example, during the 2021 fiscal year, the SEC awarded approximately $564 million to 108 individuals. The amended regulations were not made public until WNN published them in 2021 after obtaining them in response to a FOIA request.
The Court overturned the mayor’s 2021 bribery conviction, thus resolving a circuit split on the scope of Section 666 by narrowly limiting the statute to quid-pro-quo bribery only. As a result, the federal government will have less authority to prosecute corruption by state and local officials under this provision.
This development is important on its own but has additional importance given that it was prompted, if not necessitated, by Guyana’s unprecedented oil and gas-induced economic boom. An award conflicts with public policy if it was induced by fraud or corruption or was procured in breach of natural justice (see section 59 of the AA).
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.
This is yet another case of the EPPO, launched in 1 June 2021, as the first new supra-national prosecution authority in the EU. The EPPO has the power to investigate, prosecute and bring to judgment crimes against the EU budget, such as fraud, corruption or serious cross border fraud.
The first phase, Introductory Course on Public Procurement, took place online from October to December 2021. So OCP supported Vitaliy Trenkenshu and his Datanomix team to prepare for the prestigious World Commerce & Contracting Innovation & Excellence Awards in 2021.
53 of 2021 clarified the uncertainty surrounding the enforcement of foreign arbitral awards. 53 of 2021, there were two important aspects that were unclear under the Bahraini Law No. 53 of 2021 In Case No. 53 of 2021. The Bahrain Court of Cassation (“ COC ”) in Case No. Prior to Case No. COC’s Approach in Case No.
We received an 86 out of 100, returning to the record high score we received in 2021 during our intensive COVID-19 response and recovery support. When we asked which issue areas are most important to you, we saw a deep alignment with our own increased investment in anticorruption, sustainability, and electronic procurement.
Between 2011 and 2021, single bids doubled, the number of bids halved, and direct awards surged. As a reform community, we agreed that we need to focus more on long-term value, with sustainability, social value, and innovation becoming increasingly important and that contract management is where this value is often won or lost.
Vision 2030 highlights the importance of providing equal opportunities for men and women in all sectors. In 2021, it reported the first mediation in which both parties were represented by female lawyers and the mediator was a Saudi woman, that was settled during the first hearing. Shaima Aljubran, as previously reported on this blog.
The reason is understandable as the concept first emerged in 2006 through the ICDR Rules (last amended in March 2021), which was long after the enactment of the EAA. The Arbitration Bill followed the latter approach, showing the importance of statutory recognition of emergency arbitration.
Reference to “Vienna Rules” indicates the relevant Article of the Vienna Rules 2021, while references to previous versions are indicated as such. The abstracts include endnotes stating the corresponding provision of the Vienna Rules 2021 as a comparison. The cases refer to different versions of the Vienna Rules.
Second, an important factor to consider is whether the interim measure is equivalent to the relief sought on the merits. Mr. Garcia Represa and Mr. Levy echoed the importance of timing and raised several other significant considerations. Views are those of the author only and are not intended to reflect those of ICC.
Even though I was resoundingly vindicated by the Malaysian High and Federal Courts in a process that ended in April 2021, AIAC and I now face the challenge of making up for AIAC’S loss of high value and international cases over the past few years. The 2023 Rules are crafted to be in close alignment with the UNCITRAL Arbitration Rules.
The keynote address also offered insights into ICC case statistics, revealing Paris as the consistent top choice throughout the years, 2008-2022, except for two instances in 2019 and 2021 when London briefly took the lead. Closing off, Ms.
As our readers may recall, Ecuador denounced the ICSID Convention in 2009, and later rejoined ICSID in 2021 under President Lasso’s right-wing administration. Corruption allegations in arbitration proceedings relating to Peru remain very common. Following the decision reported last year in Bacilio v. As reported by Hon.
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.
These courts held that the incorporation by reference in arbitration agreements of the then applicable ICC Rules of Arbitration, 1998 – which under Article 28(6) (now Article 35(6) of the ICC Rules of Arbitration, 2021 ) dealt with the parties’ duty to carry out the resulting award – constituted a waiver of immunity from execution.
The KSA’s Government Tenders and Procurement Law also received an important update in June 2023 with the issuance of Resolution No. In 2021 alone, the Saudi courts enforced 204 domestic and foreign awards. The MOU envisages cooperation between the Ministry and the SCCA to promote the KSA as a safe arbitration seat.
In its decision, the Fujitsu court emphasized the importance of upholding the contracting parties’ intentions when assessing the validity of arbitration agreements and considered when federal courts might abstain from exercising jurisdiction. 168 (2021). Lueck , 471 U.S. 202, 204 n.1 Furthermore, Rohm Semiconductor USA, LLC v.
The substantial award at issue is of a particularly high value and fraud and corruption elements arise in both the procurement of the underlying contracts and also the awards themselves. Moreover, the rarity of successful challenges under Section 68 of the EAA amplifies the importance of this judgment.
A 2021 study by White & Case and Queen Mary University of London indicated that 49% of arbitration practitioners never or rarely employ AI tools such as data analytics or technology-assisted document review. This underscores the importance of general principles, such as those outlined in the SVAMC AI Guidelines.
In Brazil, however, a study coordinated by Center for Access to Justice, Process and Dispute Resolution Means (Najupmesc) at Fundação Getúlio Vargas’ Sao Paulo Law School and Canal Arbitragem in 2023, showed that the use of mediation in Brazil has grown in the last 10 years, especially during the pandemic, in 2020 and 2021 (see here ).
Following its restructuring in 2021, the Swiss Arbitration Centre registered 100 new cases in 2023, predominantly in commodities trading, construction, and pharmaceuticals. Technology What appeared to be common ground among the “elevator pitches” was the importance of dealing carefully and efficiently with the issue of technology.
England and Wales Ms Baumann passed the baton on to Ms Farren, who provided the perspective of England and Wales, where the Ministry of Justice asked the Law Commission to conduct a full review of the 1996 English Arbitration Act in March 2021 (for previous coverage, see here ).
He emphasised the importance of arbitration to business and society, particularly owing to the present burden on the courts. The fully booked day demonstrates that arbitration goes from strength to strength in Denmark, as exemplified by the DIA’s increase of cases in 2022 compared to 2021, bucking a trend seen elsewhere.
The general importance of climate change-related disputes can be measured on the steady increase of cases which are being brought by environmental advocacy organisations or governments in anticipation of the massive costs related to adapting to or mitigating climate change. 2 O 285/15 Essen High Court).
How has ACICA developed since our 2021 interview with former President, Georgia Quick, and what achievements are you most proud of? Some of these initiatives since 2021 which I am proud to highlight include: The continued growth of ACICA’s caseload. She offers the hugely important perspective of the arbitration end-user.
2021Na2010775 dated 8 December 2021 , the Seoul High Court reviewed whether a cryptocurrency exchange defendant violated its duty of care when the plaintiff requested that its cryptocurrency be transferred to one address, but the defendant transferred it to another. 2020Do9789 dated 16 December 2021. 2018 Do 3619 dated 30 May 2018).
Then, the arbitral tribunal’s new jurisdictional award of 17 June 2021 , which now accepted the tribunal’s jurisdiction by a majority of votes (with the arbitrator appointed by Venezuela, Raúl Vinuesa, dissenting), was challenged before the SFSC by the host state, Venezuela. decision 4A_398/2021 of 20 May 2022, para.
The COC appealed to the Supreme Court, which set aside the NCLAT judgment, highlighting the importance of the “clean slate” doctrine under the IBC. In 2021, Indian Oil pursued claims against Arcelor Mittal for amounts allegedly owed under the GSA, now amounting to approximately USD 1.4
Bayzakova in 2019 , the TIAC has played a leading role in advancing arbitration in Uzbekistan and has also hosted successful Uzbek Arbitration Weeks since 2021. In February 2021, Uzbekistan adopted a new Law on International Commercial Arbitration based on the UNCITRAL Model Law. Since the last interview with Ms.
While there is progress to be made in the thought leadership space and in ensuring greater independence from governments, Professor Rajoo considered the conference as an important opportunity “ to contribute to the collective momentum propelling us towards groundbreaking advancements in the field of arbitration” in Asia.
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