Government Contracts & Investigations

DECEMBER 6, 2023

The Foreign Corrupt Practices Act (“FCPA”) prohibits U.S. companies from engaging in bribery and corruption abroad when the payments are directed at foreign government officials to gain an improper business advantage. [4] 2] United States Attorneys’ Office, Voluntary Self-Disclosure Policy (2023) (citing U.S.S.G.

Corruption 52

Corruption Internal Control Ethics Accountability 52

GovCon & Trade

SEPTEMBER 8, 2023

You are reading the August 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox. To stay up to date, subscribe to our GovCon & Trade blog. There were also a few China-related actions.

Export 130

Export Internal Control Corruption Procurement 130

Kluwer Arbitration

APRIL 2, 2024

On 22 December 2023, a Tribunal composed of Prof. On its part, the Respondent raised several objections to the jurisdiction of the Tribunal, specifically pointing to several instances of corrupt and illegal acts allegedly committed by Worley at the making and during the operation of the investment. Bernard Hanotiau, Prof.

Corruption 52

Corruption Bidding Balance Public Procurement 52

Whistleblower Network News

OCTOBER 31, 2023

Commodity Futures Trading Commission (CFTC) released its Annual Report on the CFTC Whistleblower Program for the 2023 Fiscal Year (FY 2023). In the report, the agency revealed that it received a record 1,530 whistleblower tips in FY 2023. In FY 2023, the agency issued seven awards totaling $16 million.

Finance 104

Finance Corruption Education Engineering 104

Kluwer Arbitration

MARCH 2, 2024

On 23 October 2023, the English High Court handed down a landmark decision setting aside a USD 11 billion arbitral award (the final award) obtained by a British Virgin Islands (“BVI”) company, Process and Industrial Developments Limited (“P&ID”), against the Federal Republic of Nigeria.

Corruption 52

Corruption Ethics Transparency Import 52

Kluwer Arbitration

FEBRUARY 14, 2024

Looking back on 2023, we identify two trend areas: 1) drafting of new International Investment Agreements (“IIAs”) and model agreements; and 2) cases (including with amicus submissions) at the intersection of human rights and ISDS. According to UNCTAD, only one model agreement was released in 2023.

Corruption 52

Corruption Participation Negotiation Sustainability 52

Whistleblower Network News

DECEMBER 5, 2023

On December 5, Blueprint for Free Speech announced their 2023 Whistleblowing Awards. Johannah Phenya, a South African whistleblower who alongside her husband exposed alleged corruption and fraud at Foursight IT Business Solutions. s House of Lords who serves as one of the awards 3 judges.

Integration 94

Integration Integrity Corruption Consulting 94

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). Further, the easement on US sanctions on Venezuela in 2023 might also impact the foreign investment the country receives.

Corruption 52

Corruption Telecommunication Tender Insurance 52

Kluwer Arbitration

OCTOBER 8, 2023

Ten years down the road, CEPANI launched new rules on 1 January 2023 and a working group under the auspices of CEPANI provided recommendations on limited improvements to the arbitration law. In this first of 2023, we again publish contributions and case law on a variety of topics In the doctrine section, Ms.

Corruption 98

Corruption IT Management Contract 98

Kluwer Arbitration

FEBRUARY 25, 2024

In line with the Blog’s tradition of “year-in-review” series, this post looks back at some of the key investor-State arbitration developments that took place in Europe in 2023 as we covered them on the Blog (for relevant previous Year-in-Review coverage, see here and here ). the Kingdom of Spain. As Alexander M.

Negotiation 64

Negotiation Framework Agreement Import Capacity 64

Kluwer Arbitration

JANUARY 28, 2024

The 2023 volume of the Yearbook Commercial Arbitration is now available in print , as well as online on the KluwerArbitration database. With the highest number of reported decisions ever, the 2023 Yearbook contains 120 court decisions from 27 jurisdictions.

Corruption 52

Corruption Innovation IT 52

Kluwer Arbitration

JANUARY 23, 2024

2023 stands out as a pivotal year marked by substantial advancements in arbitration across the African continent. 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.

Collaboration 52

Collaboration Corruption Import Sustainability 52

Kluwer Arbitration

MARCH 13, 2024

In the beginning of 2023, a diplomat told the Economi st that the Middle East was tired of conflict and that de -escalation and diplomacy would be the order s of the day. 585 of 2023 (Commercial) , that an arbitration clause within an invalid contract renders the arbitration clause as invalid as any other term in the contract.

Efficiency 52

Efficiency IT Corruption Transparency 52

How to Crack a Nut

NOVEMBER 14, 2023

On 13 November 2023, the UK Government published guidance setting out its ambitions for innovation procurement under the new Procurement Act 2023 (not yet in force, of which you can read a summary here). 94 PA 2023). 20 PA 2023). Shifting culture and practice would require a lot more than this.

Procurement 127

Procurement Innovation E-procurement Buyers 127

Kluwer Arbitration

JANUARY 21, 2024

The year 2023 bore witness to the rise of ChatGPT, a development which prompted a flurry of commentary on the implications of the use of generative artificial intelligence (AI) in international arbitration. In November 2023, law firm Bryan Cave Leighton Paisner LLP published its annual survey, AI in IA: The Rise of Machine Learning.

Ethics 52

Ethics Electronics Efficiency Collaboration 52

Kluwer Arbitration

MAY 2, 2024

Supreme Court of Chile, 71.508-2022, 05 October 2023 Laura Aguilera Villalobos, Centro de Arbitraje y Mediación de la Cámara de Comercio de Santiago (CAM Santiago), ITA Reporter for Chile The Supreme Court of Chile grants exequatur, recognizing and authorizing the enforcement of a foreign arbitration award from France, based on Law No.

Transportation 52

Transportation Transportation Corruption IT 52

Open Contracting Partnership

FEBRUARY 1, 2024

In 2023, our annual community survey became even more critical for us as we shaped our new organizational strategy, which we are very excited to share with you next month. 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 68

E-procurement Public Procurement Capacity Sustainability 68

Kluwer Arbitration

JANUARY 28, 2024

In 2023, the international arbitration landscape in California continued to develop and grow. 2 nd Annual California International Arbitration Week, and Plans for 2024 In March 2023, California Arbitration (CalArb) and California Lawyers Association (CLA) hosted the 2 nd Annual California International Arbitration Week (CIAW) in Los Angeles.

Corruption 52

Corruption Participation Efficiency Ethics 52

Kluwer Arbitration

FEBRUARY 19, 2024

2023 marked a milestone in the reform of investor-State dispute settlement (“ISDS”). This year-in-review post, featuring the perspectives of our contributors from 2023, primarily focuses on the efforts of UNCITRAL Working Group III (“WG III”) in ISDS reform and the adoption of the Codes, and offers a brief status report on ECT modernization.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

DECEMBER 13, 2023

Recently, the third and fourth upload of court decisions from the 2023 Yearbook went online on KluwerArbitration. Subscribers to KluwerArbitration also enjoy access to the ICCA Yearbook Commercial Arbitration. The third upload contains 17 decisions from 13 countries, all applying the New York Convention.

Corruption 52

Corruption IT 52

Kluwer Arbitration

JANUARY 16, 2024

18/14721, 10 January 2023 Nataliya Barysheva and Valentine Chessa, MGC Arbitration, ITA Reporters for France In the Moldova v. Société Stileks Scientific and Production Firm LLC, intervenante volontaire à titre principal pour la Société Komstroy, Court of Appeal of Paris, RG No. Société Kraydon Ltd v. Mme Mehta et autres v.

Corruption 52

Corruption Insurance IT Contract 52

Kluwer Arbitration

DECEMBER 21, 2023

2023 was a bustling year for the International Council for Commercial Arbitration (ICCA) and the field of international arbitration worldwide, marked by significant legal developments and institutional reforms. These changes significantly influence the process of accrediting arbitrators and the enforcement of arbitral awards.

Influencing 52

Influencing Corruption IT Contract 52

Kluwer Arbitration

JANUARY 7, 2024

In 2023, the United States courts expanded the role of international arbitration under existing law and wrestled with the application of new arbitration law and fact patterns. 2023) and Yegiazaryan v. 2023) , which harmonized U.S. This post reviews some highlights and looks forward to developments anticipated during 2024.

Collusion 52

Collusion Insurance Capacity Corruption 52

Kluwer Arbitration

MARCH 1, 2024

Six unpublished awards rendered under the auspices of the International Chamber of Commerce are now available on the KluwerArbitration database, as part of the 2023 volume of the ICCA Awards Series.

Buyers 52

Buyers Corruption Price Purchasing 52

Kluwer Arbitration

JANUARY 4, 2024

2023 was another year of growth for arbitration in Australia, New Zealand, and the Pacific Islands. We explore some of these key themes below. Australia Cases Australia’s investment arbitration jurisprudence made particular strides in 2023. & Anor [2023] HCA 11.

Insurance 52

Insurance Ethics Contract IT 52

Kluwer Arbitration

FEBRUARY 16, 2024

Part II of the 2023 Year in Review: Switzerland post ( see Part I here ) introduces new case law on the enforcement of arbitral awards. Enforcement a) In the Context of the New York Convention Decision 5A_739/2022 (12 October 2023) concerned an award rendered by a tribunal seated in Moscow against the company B. GmbH, amongst others.

Consulting 52

Consulting IT Capacity Corruption 52

Whistleblower Network News

APRIL 25, 2024

In this episode of the Whistleblower of the Week podcast , host Jane Turner speaks with Mzukisi Makatse, who blew the whistle on a corrupt grant awarded by the South African Lottery Commission. Makatse was honored for his bravery by Blueprint for Free Speech in their 2023 Whistleblowing Awards.

Corruption 92

Corruption Networking Import 92

Whistleblower Network News

MAY 23, 2024

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.

Corruption 81

Corruption Networking Transparency Accountability 81

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. Considering the divergence, the tribunal decided to apply the LIBOR rate as of May 2023 to any amount outstanding after the discontinuance of LIBOR. Michael Antony v.

Accountability 64

Accountability Finance Utilities IT 64

Kluwer Arbitration

JANUARY 8, 2024

The uncertainties faced by investors and stakeholders in 2023 was intensified by the notable shift in Latin America’s political regimes. We discuss below the most pertinent commercial arbitration-related developments in the region in 2023. Mexico also hosted the first Mexico Arbitration Week that took place in Mexico City in May 2023.

Insurance 52

Insurance Collaboration Education Participation 52

Kluwer Arbitration

JANUARY 14, 2024

Developments in Arbitration-Related Law and Institutions In 2023, our Blog covered shifts within arbitration-related laws and examined novelties in institutional rules, offering insights into the evolving landscape of international arbitration in East and Central Asia.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

FEBRUARY 8, 2024

This Part 2 continues reflections on key arbitration-related developments in Canada during 2023. In November 2023, the Ontario Superior Court in Xiamen International Trade Groupe Co., Additional 2023 year in review posts are available here. LinkGlobal Food Inc.

Consulting 52

Consulting Participation Corruption IT 52

Kluwer Arbitration

JANUARY 26, 2024

This post provides a recap of notable arbitration-related developments in France in 2023. However, 2023 saw a trend towards the restriction of the scope of this control. On a separate note, in 2023, a number of French investors lodged investment claims against Spain , Morocco , Qatar , and Senegal. In Al-Kharafi v.

Influencing 52

Influencing IT Corruption Accountability 52

Kluwer Arbitration

FEBRUARY 16, 2024

This post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2023 that are of interest to the international arbitration community at large. Decision 4A_486/2022 (26 April 2023) concerned a tennis player (A.) as licensor and B. as licensee. Before the SFSC, A.

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

NOVEMBER 9, 2023

Practitioners from Canada and around the world gathered in Toronto from October 16-18, 2023, for the fourth iteration of CanArb Week. This issue is developing rapidly, and the panelists noted the advent of draft guidelines for the use of AI in arbitration published in August 2023 by the Silicon Valley Arbitration and Mediation Center.

Corruption 52

Corruption IT Demand Consulting 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 68

Procurement Corruption Transparency Buyers 68

Whistleblower Network News

MAY 22, 2024

[link] In this episode of the Whistleblower of the Week podcast , host Jane Turner speaks with Johannah Phenya, the owner of a South African IT company who alongside her husband blew the whistle on alleged corruption and fraud in the awarding of government contracts.

Corruption 74

Corruption Government Contracts Networking Import 74