Whistleblower Network News

MAY 8, 2024

On May 6, Andrea Gacki gave prepared remarks at the SIFMA AML Conference where she spoke about the new whistleblower program, which was reformed into a best-practice whistleblower program by the passage of the AML Whistleblower Improvement Act in December 2022.

Corruption 108

Corruption Networking Import IT 108

Kluwer Arbitration

NOVEMBER 10, 2023

Intermediate People’s Court of Beijing, (2022) Beijing 04 Minte No. 64, 27 December 2022 Arthur X. Intermediate People’s Court of Beijing, (2022) Beijing 04 Minte No. 3, 30 December 2022 Arthur X. 2022/438, Case No. 2022/5454, Case No. Fujian Dragongate Wine & Spirits Co.

Contract 52

Contract Balance Media Electronics 52

Whistleblower Network News

JANUARY 4, 2024

In a new article for Bloomberg , Kohn outlines how the program is set up to be a game changer for the United States’ anti-corruption efforts. The Anti-Money Laundering Whistleblower Improvement Act has potential to be the most effective transnational anti-corruption law on the books,” writes Kohn. “In Kohn further notes that other U.S.

Corruption 90

Corruption Networking IT 90

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 68

Procurement Corruption Transparency Buyers 68

Whistleblower Network News

FEBRUARY 5, 2024

The three senators, who were instrumental in leading the Senate to its unanimous passage of the Act at the end of 2022 , wrote that “We were proud to introduce and pass this legislation because it provides vital support to U.S. ’” FinCEN has also failed to publish draft rules for the whistleblower program.

Demand 102

Demand Corruption Media Networking 102

Public Procurement Intl

OCTOBER 25, 2023

The SBIR program, which has been extensively studied , was an inspiration for the European Union’s “ Innovation Partnerships ” strategy under the EU Procurement Directives , and for the United Kingdom’s Small Business Research Initiative (SBRI) (see 2017 study ; 2022 study ).

Public Procurement 147

Public Procurement Innovation Procurement Budget 147

Kluwer Arbitration

NOVEMBER 24, 2023

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 JFI Global Purchasing Ltd & Loblaw Companies Limited (Final Award), ICC Case No.

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Telecommunication Distribution Transportation Transportation 52

Whistleblower Network News

JANUARY 12, 2024

Securities and Exchange Commission (SEC) announced a $100 million settlement with global software company SAP SE over charges of violations of the Foreign Corrupt Practices Act (FCPA). anti-corruption law that prohibits the payment of anything of value to foreign government officials in order to obtain a business advantage.

Corruption 73

Corruption Telecommunication Accountability Consulting 73

Kluwer Arbitration

NOVEMBER 25, 2023

ARB/18/30, Award, 16 Marc 2022 (unpublished) 
 The issue of nationality of juridical persons remains unsettled long after the decision of Barcelona Traction five decades ago. Arbitrators and arbitral institutions, in turn, are advised to adapt in order to stay relevant in the modernizing discourse of arbitration. Romania, ICSID Case No.

Management 52

Management Ethics Corruption Quality 52

GovCon & Trade

DECEMBER 20, 2023

On December 14, the Department of Justice (DOJ) announced that Freepoint Commodities LLC, a Connecticut-based commodities trader, had agreed to a three-year deferred prosecution agreement (DPA) to resolve a DOJ investigation into violations of the Foreign Corrupt Practices Act (FCPA).

Corruption 147

Corruption Consulting Transportation Transportation 147

Kluwer Arbitration

JULY 8, 2024

It found that neither the contract nor the addendum was void due to the corruption allegations. However, in 2022, the arbitral tribunal rendered its second award , granting Rutas de Lima damages for lost profits, along with non-compounding interests and arbitration costs. In 2020, the arbitral tribunal rendered its decision.

Corruption 52

Corruption Contract Procurement IT 52

Open Contracting Partnership

AUGUST 3, 2023

On April 24 2022 Serik organized a public event in the Academy highlighting approaches promoting interaction between government institutions and civil society in procurement. Rachmaninov went on to organize his own distance learning course for experts and activists in September 2022, with a mini-grant from the School.

Procurement 52

Procurement Public Procurement E-procurement Participation 52

Whistleblower Network News

MARCH 1, 2024

Securities and Exchange Commission (SEC) Office of the Whistleblower posted a Notice of Covered Action (NoCA) for a $100 million settlement with global software company SAP SE over charges of violations of the Foreign Corrupt Practices Act (FCPA). The NoCA signals that the SEC is now accepting whistleblower award claims for the case.

Telecommunication 76

Telecommunication Corruption Media Consulting 76

Kluwer Arbitration

JUNE 19, 2024

In the 2022 case of Omega Engineering LLC and Oscar Rivera v. Additionally, the Claimants claimed that Panama’s actions included a smear campaign, which involved a criminal investigation into corruption allegations against Mr. Rivera, damaging his global reputation. Republic of Panama (ICSID Case No.

Corruption 52

Corruption Balance Capacity Contract 52

Whistleblower Network News

JUNE 5, 2024

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.

Participation 89

Participation Corruption Accountability Media 89

Kluwer Arbitration

JULY 1, 2024

Nigeria arbitral award and the issue of fraud and corruption. Patocchi spoke about the issue of a challenges to awards on grounds of corruption or fraud tainting the proceedings. In Sorelec , the Paris CoA set aside the award even though the alleged corruption was not raised before the arbitral tribunal. He referred to Prof.

Corruption 52

Corruption Export Import Transparency 52

Kluwer Arbitration

AUGUST 2, 2024

In May 2022, Webuild and another investor, Sacyr, filed an ex parte Section 1782 application, requesting to serve subpoenas on WSP, a principal advisor to Panama and the Panama Canal Authority (“ACP”) involved in the assessment, design, planning, management, and coordination of the Panama Canal expansion project. On June 13, 2022, the U.S.

Automotive 52

Automotive Utilities Corruption Consulting 52

Whistleblower Network News

NOVEMBER 14, 2023

According to the agency’s 2022 Fiscal Year report , “[e]nforcement actions brought using information from meritorious whistleblowers have resulted in orders for more than $6.3 ” The SEC Whistleblower Program has awarded more than $1.8 billion to whistleblowers. billion in total monetary sanctions, including more than $4.0

Thresholds 91

Thresholds Finance Corruption Networking 91

Kluwer Arbitration

DECEMBER 20, 2023

1782/2022 (Commercial) , the DCC did not allow the claimant to have recourse to the courts to hear his claim. 1514/2022 (Commercial) (also discussed in a prior blog post ). to Appendix I of the DIAC Arbitration Rules 2022). Relevant decisions have been previously examined in a previous blog post here. Post-Decision No.

Corruption 105

Corruption IT Import 105

Kluwer Arbitration

DECEMBER 28, 2023

The UNCITRAL Draft Codes of Conduct and Commentary (2022) recommended abolition of double hatting while introducing an extensive disclosure regime. 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

AUGUST 6, 2024

For the first time under Rule 54(2) of the ICSID 2022 Arbitration Rules , the Tribunal in Ruby River Capital LLC v. This post examines the standard established by the Tribunal for suspension of the proceeding under the ICSID 2022 Arbitration Rules. Canada (ICSID Case No.

Balance 69

Balance Efficiency IT Corruption 69

Kluwer Arbitration

JANUARY 12, 2024

ICSID reported that, out of the new forty-five registered cases, twenty-one were brought against Latin American and Caribbean states (the annual report covers the fiscal year from July 1, 2022 to June 30, 2023). Corruption allegations in arbitration proceedings relating to Peru remain very common.

Corruption 52

Corruption Telecommunication Tender Insurance 52

Kluwer Arbitration

DECEMBER 21, 2023

The Report also highlights the Indian Council of Arbitration’s introduction of new rules in 2022 and discusses the 2023 initiative towards reforming the Indian international arbitration framework. These changes significantly influence the process of accrediting arbitrators and the enforcement of arbitral awards.

Influencing 52

Influencing Corruption IT Contract 52

Kluwer Arbitration

MARCH 9, 2024

Key cases around enforcement include CEF and CEG v CEH [2022] SGCA 54 , CVG v CVH [2022] SGHC 249 (as covered in a previous blog post ) and CZD v CZE [2023] SGHC 86. It is noteworthy that more recent analysis in this 2023 blog post showed that the enforcement rate for applications made between 2012 and 2022 had reached 91%.

Ethics 52

Ethics Corruption Finance Negotiation 52

Kluwer Arbitration

OCTOBER 29, 2023

On 1 December 2022, the Tribunal in the Panamericana Television S.A 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).

Corruption 52

Corruption Bidder Management Tender 52

Open Contracting Partnership

DECEMBER 12, 2023

Results: Since the Contract Monitoring System’s launch in April 2022, around 560 civil society monitors have examined 345 projects. As the PPDA, we are currently doing audits on FY 2022-23. Imagine a world where projects are monitored in real-time, complaints are reduced, and citizens actively participate in shaping their communities.

Public Procurement 130

Public Procurement Procurement Contract Collaboration 130

Kluwer Arbitration

AUGUST 25, 2024

On 16 November 2022, the tribunal rendered the arbitral award (“the Award”) obliging NHP to compensate Thywissen damages, interest, and arbitration costs, including legal costs. NHP failed to perform its obligations on time and proposed to extend the delivery dates due to force majeure. A40-142624/2021 discussed above.

Ethics 52

Ethics IT Corruption Budget 52

Open Contracting Partnership

JUNE 3, 2024

The Umucyo platform is used by 1194 government agencies down to district hospitals – an increase from just over 200 in 2022 – with more than 13,800 suppliers and 26,800 contracts awarded. Using data to address fraud and corruption The increased digitalization has provided new opportunities to identify bad behavior and corruption risks.

Public Procurement 73

Public Procurement Procurement E-procurement Transparency 73

Kluwer Arbitration

MARCH 24, 2024

According to official statistics , between 2021 and 2022 the TSJM heard almost 40% of all annulment actions decided by Spanish Courts. 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.

Thresholds 52

Thresholds Corruption IT 52

Kluwer Arbitration

JANUARY 28, 2024

Also, in concluding the Yearbook’s publication of awards, the 2023 volume includes a Compendium of Arbitral Awards Published in the Yearbook 1976-2022. It lists the over 600 hundred awards published in the Yearbook, including their subject matters and abstracts.

Corruption 52

Corruption Innovation IT 52

Kluwer Arbitration

FEBRUARY 12, 2024

In Europe, the debate continues regarding the nature of the submission to arbitration under the auspices of the Court of Arbitration for Sport (“CAS”) after the landmark ruling by the German Federal Constitutional Court in 2022 in the case concerning the German ice-skating champion, Ms. Claudia Pechstein. 2(1) in conjunction with Art.

Corruption 59

Corruption Collaboration IT 59

Open Contracting Partnership

DECEMBER 8, 2023

Challenge: In 2020, public procurement in the Dominican Republic lacked public trust and credibility due to several high-level corruption scandals. Corruption in public procurement makes us poorer and takes our rights away.” So the DGCP adopted a three-pronged approach to improve things.

Corruption 71

Corruption Collaboration Data Public Procurement 71

Kluwer Arbitration

NOVEMBER 25, 2023

The second updated edition of the “ Report on compliance with investment treaty awards by States ” (the ‘Report’) has been recently released by the present author (see for coverage of the 2022 version of the report here ). Compared to the 2022 results , t he Report reveals the following notable developments. Spain (ICSID Case No.

Corruption 52

Corruption IT 52

Kluwer Arbitration

JULY 30, 2024

Countries are enacting new national security laws to limit foreign influence, including China’s 2017 National Security Law; the US’s 2022 National Security Strategy; and the EU’s 2023 Economic Security Strategy. These changes have profound political, economic, and societal implications. As observed by Henry A.

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

AUGUST 28, 2024

Most commodity offtake contracts contain clauses to this effect and similar provisions are also found in various other types of commercial agreements ( see, e.g. , GAFTA General Feedingstuffs 2022 , Clause 27). In light of this, folk wisdom suggests that when life gives you lemons parties are well advised to make a lemonade.

Contract 52

Contract Balance Import Utilities 52

Kluwer Arbitration

JANUARY 2, 2024

The risk of Russian courts not complying with the NYC can be demonstrated by the decisions of the Russian arbitrazh courts since February 2022. 79 of 28 February 2022 and Russian Presidential Decree No. 95 of 05 March 2022 ). 79 of 28 February 2022 and Russian Presidential Decree No. 95 of 05 March 2022 ).

Import 52

Import IT Corruption Accountability 52

Kluwer Arbitration

FEBRUARY 14, 2024

While these cases have predominantly been filed in the United States, climate change-related cases are a global phenomenon—from May 2022 to May 2023, similar cases were filed in seven new countries. Of these cases, around two-thirds (or 1,557 cases) have been filed since 2015, the year the Paris Agreement was adopted.

Data 59

Data Insurance Media Corruption 59