Kluwer Arbitration

AUGUST 7, 2024

372-2021-CCL, 13 December 2022 Marianella Ventura Silva, Centro de Arbitraje, CCL, ITA Reporter for the CCL The arbitral tribunal dismissed the objection of lack of competence filed by the SEDAPAL. PI7947-22, 05 September 2022 Elizaveta Mikaelyan, RAC, ITA Reporter for the RAC A dispute from a contract for the supply of perishable goods.

Freight 52

Freight Transportation Transportation Contract 52

Kluwer Arbitration

MARCH 26, 2024

The awards rendered in 2022-2023 have remained consistent, with all 19 publicly available awards rendered in favor of the investor stipulating interest payments. The State’s sovereign cost of debt approach has been followed in 31% of the awards rendered in 2022-2023 (e.g. (See Article 38, Commentary 1). Michael Antony v.

Accountability 64

Accountability Finance Utilities IT 64

Whistleblower Network News

OCTOBER 16, 2024

For example, “TD Bank facilitated over $400 million in transactions for Da Ying Sze (Sze), who pled guilty to money laundering in 2022 for his role in conspiring to hide proceeds of narcotics trafficking,” according to FinCEN. The vast majority of financial institutions have partnered with FinCEN to protect the integrity of the U.S.

Corruption 101

Corruption Networking Finance Accountability 101

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 118

Corruption Networking Import IT 118

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 99

Corruption Networking IT 99

Open Contracting Partnership

OCTOBER 3, 2023

Throughout the pandemic, significant amounts of public funds were disbursed without seeking parliamentary approval, and the procurement process itself became tainted by multiple instances of corruption and cronyism. In 2022, a new unity government was formed under Prime Minister Anwar Ibrahim coalition’s leadership.

Public Procurement 121

Public Procurement Procurement Corruption Transparency 121

Whistleblower Network News

OCTOBER 8, 2024

While meager annual award payouts hovered around $37 million throughout 2021 and 2022 , the average time to process an award soared to over 11 years. In 2022, John Hinman became the Director of the Whistleblower Office and began implementing measures to improve the program. The potential impact of these reforms is significant.

Leadership 89

Leadership Corruption Budget Networking 89

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 111

Demand Corruption Media Networking 111

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.

Telecommunication 52

Telecommunication Distribution Transportation Transportation 52

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 74

Procurement Corruption Transparency Buyers 74

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 80

Corruption Telecommunication Accountability Consulting 80

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

NOVEMBER 19, 2024

Background The dispute brought by the Claimant, an energy company, concerns alleged breaches of Article 10 (paragraphs 1, 3, 7 and 12) and/or Article 13 of the Energy Charter Treaty (“ECT ”) following the adoption by Germany of the Annual Tax Law 2022.

Price 52

Price Integration Integrity Corruption 52

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

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 84

Telecommunication Corruption Media Consulting 84

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

Open Contracting Partnership

SEPTEMBER 19, 2024

Japan is generally perceived as a country with little political corruption. Many leaders may only consider reforming the procurement system if some corruption scandal emerges. Why is open contracting policy needed in Japan?

Contract 65

Contract Transparency Public Procurement Corruption 65

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

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

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 101

Thresholds Finance Corruption Networking 101

Kluwer Arbitration

NOVEMBER 6, 2024

Four partial awards were rendered in the references, as follows: the Offshore Jurisdiction Award (15 March 2022); the Offshore Jurisdiction Award on Costs (22 July 2022); the Consolidation Award (22 July 2022); and the Onshore Jurisdiction Award (25 August 2023). Aiteo was unsuccessful in each and made an application under s.67

Finance 52

Finance Insurance Influencing Corruption 52

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

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

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

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

OCTOBER 8, 2024

34/2021, DIFC-LCIA arbitration agreements concluded by 20 March 2022 are “deemed valid” and the new DIAC is required to “replace [the DIFC-LCIA] in considering and determining all Disputes arising out of the said agreements unless otherwise agreed by the parties thereto.” 34/2021 gave rise to the creation of the Grand DIAC or DIAC 2.0

Engineering 59

Engineering Contract Corruption IT 59

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

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 134

Public Procurement Procurement Contract Collaboration 134

Kluwer Arbitration

NOVEMBER 3, 2024

Axa Colpatria Seguros – Dissenting Opinion of Justice Guillermo Sánchez Luque, Council of State of Colombia, Administrative Law Chamber, 11001-03-15-000-2022-00772-01, 02 September 2022 Eduardo Zuleta Jaramillo, ZULETA Abogados Asociados S.A.S., Colpensiones v. Rusoro Mining Limited v. Co Pa Dor Soc. Alpla Italia S.r.l.,

Accountability 52

Accountability IT Corruption Government 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 Negotiation Finance 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 79

Public Procurement Procurement E-procurement Transparency 79

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

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

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