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Now anti-corruption groups from over twenty countries have joined in the call, noting that the program will have a massive transnational reach. The four recommendations called for by the international anti-corruption groups echo those previously made by other whistleblower advocates.
I recently provided comments for an article in the Anti-Corruption Report examining recent Department of Justice (DOJ) settlements under the Foreign Corrupt Practices Act (FCPA). In two of the settlements, U.K.-based
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.
In a new article , leading whistleblower attorney Stephen M. In particular, Kohn highlights actions that Congress and federal agencies can take to align the nation’s whistleblower programs with The United States Strategy on Countering Corruption. Anti-Corruption Strategy.” Anti-Corruption Strategy.
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 authorities. writes Kohn.
To make it easier to incorporate “green procurement” into procurement planning, the UNCITRAL model law might be amended to: Article 7 – Flexible Communications: Make it easier to change means of communication during the course of a procurement. system) hinge on vendors’ “green” initiatives has long been a very controversial approach.
You are reading the January 2024 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.
You are reading the November 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.
I distinctly recall how the depth and diversity of articles piqued my intellectual curiosity while simultaneously providing me with a strong practical foundation in the field. Going forward, my goal is to present articles that promote the same sense of wonder and enlightenment that I experienced when I first discovered Arbitration.
As several objectives of the 2014 reform remain unattained, we conclude that, the entry into force of the 2014 directives has had no demonstrable effect. (…) Also, as publication rates remain low, transparency, a key safeguard against the risk of fraud and corruption, is negatively affected. Its deadline was 18 April 2019.
You are reading the September 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. Two noteworthy Foreign Corrupt Practices Act (FCPA) settlements were announced in September. First, U.S.
A full list of our procurement blogs, including checklists for contracting authorities and suppliers to make sure you are ready for the Act, can be found here Procurement Law Articles & Blogs.
The Supreme Court of Iran has rendered a historic decision, providing insight into the proper interpretation of Article 139 of the Iranian Constitution concerning administrative approvals for agreements to arbitrate, which has been considered to be a major hurdle to arbitration in Iran. Law will specify the important cases intended here.”
Particularly, the law requires the terms and conditions of arbitration and mediation to be established in advance (Article 47 of the 2024 Law on Sustainable Investments). 5 of the 2014 Law on Foreign Investments).
Since the announcement, whistleblower advocates have noted that the whistleblower program has the potential to greatly bolster the DOJ’s efforts to combat fraud and corruption. Kohn’s piece echos an article published in April by former-SEC Commissioner Allison Herren Lee. On May 24, leading whistleblower attorney Stephen M.
“Interviews with attorneys who participate in the program and a review of SEC decisions — along with court cases challenging some of those decisions — portray a program straining under the weight of its success,” the article states. The article features insights from leading whistleblower attorney and advocate Stephen M.
In his article “ The Future of Public Infrastructure is Digital “, Bill Gates envisions a world where infrastructure is smarter, more efficient, and digitally integrated. Fraud Detection : Machine learning models can monitor procurement transactions for irregularities, reducing corruption risks.
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.
Kohn previously outlined the reforms in an article for the National Law Review. Anti-Corruption Strategy. Kohn of Kohn, Kohn & Colapinto appeared on Federal Drive with Tom Temin to discuss the seven whistleblower reforms that are most urgently needed in 2024. All seven of these reforms have strong bipartisan support,” Kohn says.
This article provides a brief summary of these developments, starting with a national perspective and discussion of the key issues regarding the draft amendments to the PRC Arbitration Law. Correspondingly, the draft also removed the requirement of an arbitration commission to constitute a valid arbitration agreement.
Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s public procurement. Finally, the Anti-Corruption Agency is proactively supporting the development of civic monitoring and has agreed to cooperate with the civil society coalition to monitor procurement.
Corruption and the arbitrary exercise of power is not just monetary, and the need for society to defend those who speak truth to power is essential for the defense of truth,” said Nikhil Dey, whistleblower activist who facilitated the session.
Now, thanks to an Ezra Klein article in the NYT about industrial policy , an incidental topic only loosely connected with public procurement, I think it is possible to encapsulate the idea. This article from the WSJ hits the nail on the head with clear examples of said objectives leading to fraud.
Morgan Securitie s LLC in which the company agreed to pay $18 million to settle charges that it impeded the ability of advisory clients and brokerage customers to blow the whistle to the SEC. This was the largest penalty ever levied by the SEC for such a violation.
In a recent Bloomberg Tax article , whistleblower attorney Stephen M. American taxpayers require an effective anti-corruption program at the IRS, and its Whistleblower Office is key to this initiative. In 2022, John Hinman became the Director of the Whistleblower Office and began implementing measures to improve the program.
derivatives markets,” wrote Kohn in an article calling for the passage of the bill. “The bipartisan Whistleblower Fund Improvement Act will ensure that the CFTC whistleblower program will not be a victim of its own success and can continue to help root out fraud in the U.S.
The DOJ announced a sprint to develop the program in March and whistleblower advocates noted that the whistleblower program had the potential to greatly bolster the DOJ’s efforts to combat fraud and corruption.
According to the DCC, Article 54(4) of the UAE Federal Arbitration Law No. This decision ushered a shift in the position of the DCC, which was then formally settled through the recent decision of the General Assembly and which references Article 54(4) of the UAE Arbitration Law. Concluding Remarks General Assembly’s Decision No.
This article provides an overview of recent changes introduced to the arbitration regime of Ethiopia, such as the ratification of the New York Convention (“NYC”) and the subsequent adoption of a national arbitration law with a particular focus on the enforcement of interim measures and awards.
The CFTC Whistleblower Program has proven to be highly effective in combating commodities fraud as well as international corruption,” said whistleblower attorney Stephen M. derivatives markets,” wrote Kohn in a previous article calling for the passage of the bill. Kohn of Kohn, Kohn & Colapinto. “We
In doing so, the Supreme Court confirmed the cardinal rule of procedural autonomy in Article 1700, §§ 1 and 2 BJC, which enacts Article 19 of the UNCITRAL Model Law. We then move on to France, where we publish extracts from three judgments of the French Supreme Court. The first two are commented on by Prof.
Wearing a second hat as an author of an article, Gaillard strongly criticised the SGS II approach. Therefore, Gaillard’s same conviction regarding umbrella clause travelled from his written memorial as a “counsel” to an article as a “scholar” further to an award as an “arbitrator” within a span of two years.
This article outlines the key themes and insights from a panel discussion exploring the evolving interplay between criminal law and international arbitration from two interrelated perspectives. Daniel Schimmel echoed these observations, reflecting on the evolving approach of arbitral tribunals and counsel toward corruption allegations.
Harriet echoed this sentiment and discussed strategies for finding the time and energy required to author articles and thought leadership pieces. Kiran emphasized the need for continuous learning and expanding ones knowledge of arbitration beyond immediate needs.
World-renowned law professor, Masaki Iwasaki, argues that countries should “ Reward whistleblowers who expose environmental crimes ,” in a recent article in the esteemed journal Nature. Whistleblowers are invaluable guardians of our natural environment, and complement law enforcement,” writes Professor Iwasaki.
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). Judicial independence in Guyana is ensured by Article 122A of the Constitution of Guyana , but perhaps a true picture requires an analysis of decisions.
Article 16 of the PRC Arbitration Law provides that an arbitration agreement must contain three particulars, including a designated arbitral commission selected by the parties. Without this, an agreement is invalid by way of Article 18. Accordingly, Articles 16 and 18 of the Arbitration Law of the PRC had been satisfied.
Its existence precludes disputing parties from bringing their dispute to court: see Article 3 of the Arbitration and ADR Law of the Republic of Indonesia (“Arbitration Law”), which stipulates that Indonesian courts have no jurisdiction to try disputes between parties bound by an arbitration agreement.
The workshop on whistleblowing was facilitated by activist Nikhil Dey , who founded Mazdoor Kisan Shakti Sangathan (MKSS) and was attended by around 50 activists, academics, journalists, policymakers, and anti-corruption practitioners. We’re defining corruption broadly as any arbitrary use of power,” said Dey.
Accordingly, this article will analyze the approach applied by Lithuanian courts regarding the enforcement of annulled foreign arbitral awards. Lithuania is no exception. The Territorial, Westphalian and Transnational Theories Most agree that annulled awards may still be recognized and enforced outside of the arbitral seat.
Stavros Brekoulakis, Editor-in-Chief We are happy to report that the latest issue of Arbitration is now available and includes the following: ARTICLES Steve NGO, Arbitration and the Rule of Law: Preserving, Protecting and Proportionality The importance of international commercial arbitration today cannot be overstressed.
KS&T Did not Have a Qualifying Investment NAFTA Article 1139(g) NAFTA Article 1139(g) defines “investment” as “real estate or other property, tangible or intangible, acquired in the expectation or used for the purpose of economic benefit or other business purposes.”
Article 14 states that the Regulation shall apply to requests for the early production of evidence made after its entry into force, regardless of the date on which the arbitration agreement was concluded. Specifically, Article 9 of the Regulation states the following: Article 9.
Improper retention of privileged and confidential legal documents : P&ID improperly obtained, retained, and misused Nigeria’s privileged and confidential legal documents, and used these to monitor whether its corruption had been uncovered and to track Nigeria’s case strategy throughout the arbitration.
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