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In December, the United Nations held the tenth session of the Conference of the States Parties (CoSP10) to the United Nations Convention against Corruption (UNCAC) in Atlanta. The Conference is the largest global anti-corruption gathering. Article 5 , and the IUCN’s Marseille Resolution 115, WCC-2020-Res-115 ).
Two recent opinions released by the Department of Justice (DOJ) serve as a reminder that even under the strictly enforced Foreign Corrupt Practices Act (FCPA), payments to government officials are permissible in certain situations. In addition, DOJ allows itself an out if there is any change in the facts presented by the requesting party.
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.
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] While pre-acquisition due diligence is important, it does not always uncover misconduct.
Secondly, P&ID presented and relied on evidence that it knew to be false. P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at the Court of which parts were knowingly false, namely that P&ID had procured the contract with Nigeria through corrupt payments to a Nigerian official.
The decision has important implications for arbitration. In this respect, the observations of the UKSC in Tui as to when the rule should apply provides important guidance on how a tribunal should exercise its discretion ( Tui , paras. However, most civil law practitioners, as well as U.S. What Is the Rule in Browne v Dunn?
The wide-ranging program covered cutting edge technological innovations and timeless human considerations such as persuasion, corruption, and disability inclusion. Opening Remarks and Institutional Updates The first panel presented updates from each organizing arbitral institution, reporting on major developments over the last year.
In our survey, Heads of Procurement ranked supply chain fair labor practices (68% of respondents) and preventing bribery and corruption (52%) as a high priority in their CSR endeavors. Notably, 43% of our respondents also identified visibility into their sub-tier suppliers as an important strategy.
Dr. Al Tourah commented on the ongoing discussions to progress Kuwait’s arbitration landscape and on the importance of selecting the most appropriate regime for Kuwait. Balfaqeeh then presented an in-depth analysis of the threshold for interim reliefs, particularly under the UAE Arbitration Law.
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.
Following the recommendations of the Law Commission of the UK ( here , here and here ), the English Arbitration Act 1996 (EAA) is presently undergoing a substantial reform phase after nearly 27 years. Prior to the present reform attempt, there has been no express reference to emergency arbitration in the EAA.
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.
Fast forward to the present, when international dispute resolution is one of the hottest areas of practice in the world. 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.
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).
Important discussions on international arbitration are formulated at an ever-increasing number of conferences, symposia, and events; keynote addresses set out thought-provoking proposals; the number of journals and reviews specializing in international arbitration has greatly proliferated; and even online blogs produce short yet interesting posts.
Camilla Perera-de Wit ( Netherlands Arbitration Institution “NAI”) and Robin Oldenstam ( Arbitration Institute of the Stockholm Chamber of Commerce “SCC”) discussed the need for specialised arbitration, emphasising the importance of detailed rules and the expertise of arbitrators in technical fields. However, AI also presents challenges.
She also highlighted the importance of preserving key principles such as procedural fairness and due process, whilst also promoting innovation and adjustment, and ensuring every voice is heard. This sentiment expresses the importance of this topic, one that captured the lively discussion of the panel, moderated by Jurgita Petkute (KNOETZL).
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. The Corruption Investigation The Claimants contended that Panama’s criminal investigation was not genuine.
For example, with our support, the Dominican Republic’s procurement agency monitors all transactions in the country’s electronic procurement system in real-time using 21 automated corruption red flag risk indicators. They are deeply embedded in their communities, navigating its political economy and present in the policy conversations.
Sobota highlighted significant legislative measures enacted by the United States, such as the CHIPS and Science Act of 2022 and the Inflation Reduction Act of 2022 , aimed at bolstering domestic technology production and imposing restrictions on semiconductor imports.
The discussion also addressed limitations to human cognitive skills, including the average attention span and the importance of engaging visuals. The speakers stressed the necessity of genuine credibility and discussed different ways of fairness.
The discussion also addressed limitations to human cognitive skills, including the average attention span and the importance of engaging visuals. The speakers stressed the necessity of genuine credibility and discussed different ways of fairness.
The importance of the subject matter of the claim has been confirmed by several court decisions (e.g., The importance of the subject matter of the claim has been confirmed by several court decisions (e.g., most recently, Decision No. 2023/PN.Jkt.Sel and Decision No. 2023/PN.Jkt.Sel, both from the District Court of Jakarta Selatan).
The discussion, initiated by Uka, highlighted the shift towards cleaner energy, the importance of upholding obligations under the Paris Agreement , and the crucial role of effective dispute resolution mechanisms in ensuring a smooth transition for Africa. This presents a significant export opportunity for African nations.
He emphasised the importance of arbitration to business and society, particularly owing to the present burden on the courts. Moreover, Denmark is number 1 in the latest indices for the rule of law and perceived lack of corruption , and number 3 in the UN SDG index, which add to the attraction of Danish arbitration.
It is important for us to remember the suppliers perspective and to effectively communicate with them, so we receive the end product that we want. Do not engage in any bad practice such as bribery, corruption or fraud.
Introduction: The Past, Present, and Future of Globalization After an introduction by the organizers Andrea Carlevaris (BonelliErede) and Stefano Azzali (Chamber of Milan), the keynote speech was given by Lucio Caracciolo ( Limes ), a journalist with expertise in geopolitical studies. Finally, Momodu commented on the P&ID v.
In a world where present geopolitical tensions continue to worsen and the current global order continues to show signs of disintegration , sanctions have emerged as a key strategic tool to pressure third countries to comply with their international law obligations and further prevent additional violations of international agreements.
It reports on the last day of the Congress on Wednesday, 8 May 2024, which looked at the present and into the future to determine how new technologies may shape the human experience in international arbitration. On the issue of limitations of AI, Moloo contributed by noting the importance of human input.
This implies the simultaneous presence of all parties, the importance of which is emphasized twice: by clarifying that physical presence is not required where a party participates by video or live television link, and by requiring that the parties be summoned, with all the possible consequences of unexcused absence.
The present decision clarifies the position under Dutch law, at least in part. 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
The team from Uzbekistan wrote an article examining contracts for the Shanghai Cooperation Organisation Summit, a major international event held in the ancient city of Samarkand, and sent appeals to the Anti-Corruption Agency and the Antimonopoly Committee to verify the facts they discovered in the course of their research.
These sessions deliberated on the past, present and future of ISDS from an Indian and global perspective. Ashwita Ambast (Legal Counsel, Permanent Court of Arbitration) and Amit Sibal (Senior Advocate, Supreme Court of India) presented the state’s perspective on ISDS and how the mechanism could be reimagined.
Mayara Nunes (Deputy Counsel, ICC International Court of Arbitration) provided an overview of the ICC’s activities in Brazil and the Northeast, presenting statistics that indicate a growth trend. In her words, “a s lawyers, we play a very important role in ensuring the expeditiousness and efficiency of the procedure ”.
Although existing tools aim to streamline proceedings, they often overlook root causes of inefficiency, including the tendency of parties and counsel to focus on enforceability and prioritize the right to present their case at its fullest, fearing that efficiency compromises quality.
Some of the most appealing developments are discussed below: The Divide Bridged Between the Capital-Exporting and Capital-Importing Countries Toward the end of the 1990s, when the last attempt was made to negotiate the OECD MAI, FDI was exclusively flowing from developed to developing countries. What Are the Challenges in Negotiating MIT?
Salomon underscored the importance of factors such as the strength of universities and institutions in Paris, along with the geopolitical landscape, and how influential parties and the flow of money can play pivotal roles in seat selection. Closing off, Ms.
During the California International Arbitration Week, held in San Francisco, California, on March 11-14, 2024 ( full schedule ), the Shenzhen Court of International Arbitration (SCIA) presented a panel on U.S.-China This post presents some highlights from the program and additional thematic remarks. China commercial dispute resolution.
This is not an attempt to summarize them, but rather to present the topic in a different light. Written submissions should also be presented in a clear order, with an intuitive structure, so that arbitrators do not waste time trying to connect arguments. There is also a usual order for a buffet: salad, main dishes, dessert.
Adriana Braghetta , was entitled “Technical Evidence in Infrastructure Arbitrations” and was divided into three major fronts: (i) the difficulty of proving causation in infrastructure disputes, presented by Ms. Elena Landau and Ms. Karla Bertocco Trindade. The main highlights from these panels are outlined below.
A series of follow-up polls revealed that most participants considered arbitrators to be the most important safeguard of due process, far ahead of state courts. Townsend , discussed potential due process concerns arising from documentary, witness, and expert testimony presented in arbitrations. Panelists Jeffrey G.
However, it poses some of the most important practical and conceptual questions as to how deepfake video AI technology might affect the practice of international arbitration, in particular in the context of remote hearings today and into the future.
Drawing on these cases, the paper emphasizes the importance of parties expressly choosing the governing law of arbitration agreements to mitigate uncertainties. Chubb exemplifies the global concerns surrounding these divergent approaches, highlighting the complexities faced by common law courts worldwide.
Mr. Potsch then presented an updated analysis on how Brazilian State Courts applied the CISG between August 2020, and June 2023. In its turn, Mr. Cardoso and Mrs. Ramos presented a study regarding UNIDROIT Principles application, respectively, in international commercial arbitration and investment arbitration cases.
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