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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 ).
Challenge: Indonesia’s public procurement sector is highly vulnerable to corruption. Public procurement stands out as the most vulnerable sector to corruption in Indonesia. The collaboration revolves around the corruption risk monitoring platform, Opentender.net , developed by ICW and the national public procurement agency LKPP.
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.
Kohn , founding partner of Kohn, Kohn & Colapinto LLP and Chairman at the National Whistleblower Center , will be speaking at Georgetown University’s ECo Talks Series discussing the issue of Blowing the Whistle on International Climate Corruption.
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 present article briefly introduces the case’s background and the objection surrounding the illegality of the investment. The Tribunal, quoting the World Duty Free v. Notwithstanding, following the decision of the Tethyan Copper Company Pty Ltd v.
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] 3] What is the FCPA? American companies acquiring foreign corporations need to assess the risks carefully.
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!).
David Drabkin Dave Drabkin and Chris Yukins’ presentation , drawing on their report on debarment for the Acquisition Innovation Research Center, addressed convergence of the contractor exclusion/debarment systems in the United States and the European Union. (For
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.
Moderated by Omar Al Qahtani (Al Tamimi & Company), this panel delved into the arbitration provisions in Kuwait, offering a comprehensive overview of the present landscape and comparative perspectives from the region. Panel Discussions The first panel of the day took place in Arabic.
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.
In that article Klein presents a critique on the idea of adding absolutely disconnected objectives to the Inflation Reduction Act (IRA) main intervention planks on green energy and semiconductor manufacturing, calling it 'bundling'. I would add that corruption is not far behind.
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. This is an area of high risk which also presents challenges in several areas, including monitoring labor practices and environmental performance.
In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. Governments can start tackling passive waste and better leverage procurement for development by using the IDB´s Public Procurement Toolkit Module , presented during the event. Source: Authors’s elaboration.
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.
paid them for each hour spent scanning their patients, even when the cardiologists were not present or were away from Cardiac Imaging’s mobile scanning units providing care to other patients. A former billing manager at Cardiac Imaging Inc., Lynda Pinto, brought forward allegations of fraud as a whistleblower.
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. Presently, as a system is in place (though it isn’t necessarily open), it doesn’t rank high on policy priorities.
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.
It found that neither the contract nor the addendum was void due to the corruption allegations. Circuit focused its analysis only on the following two grounds under Section 10 of the FAA: Section 10(a)(1): Where the Award Was Procured by Corruption, Fraud, or Undue Means The D.C. In 2020, the arbitral tribunal rendered its decision.
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.
Through a series of discussions and presentations, attendees will gain insight into the human elements that are often overshadowed by the technical aspects of arbitration. This presentation sets the tone for a sequence of panels in which experts will examine the roles and expectations of the various participants in the field.
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). The AA has undeniably modernized Guyana arbitration legislative framework, but more is required of Guyana to become an arbitration hub.
This blog post presents details about the arbitration award that was procured through fraud, its subsequent challenge in the English court, and the duties of arbitrators during the adversarial procedure. Secondly, P&ID continued to bribe during the arbitration process to hide the previous corrupt payments to the same individual (§509).
We have published over 4,400 blog posts in the past 15 years, and the diversity of topics and perspectives is impressive and constantly present, from posts authored by established arbitration practitioners to those authored by students aspiring to a career in arbitration.
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
In Eiser v Spain (2020), the Annulment Committee found manifest appearance of bias on the part of the arbitrator due to his failure to disclose all “past and present professional connections and interactions” with the valuation expert.
Flexibility of Current Standards Building on this presentation, Justice Knowles discussed how the UK courts view these texts, and observed that so far, they have wisely considered that there may be more than needed. The panel discussion was followed by a Q&A session during which questions primarily focused on issues of corruption.
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 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. This is the fourth post in ICCA’s series of reports on the ICCA 2024 Congress (“Congress”).
The first Riyadh International Disputes Week (“RIDW”) presents an excellent occasion for international, regional, and local experts and practitioners to meet and exchange their views regarding salient developments in the various areas of dispute resolution. Within this context, the above panel discussion promises to be extremely interesting.
Because of the key contributions these supply partners make to corporate performance, Procurement needs to pay far more attention to risk and quality issues – whether they are present in the supplier or in their supply chain. Ensuring continuity of supply is far more critical when a supplier is a strategic partner and difficult to replace.
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.
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.
The Yearbook, in turn, now presents a broader selection of court decisions that apply the 1958 New York Convention, the 1965 ICSID Convention, and the 1975 Panama (Inter-American) Convention, or address issues of general interest to the practice of international arbitration.
Philip Jeyaretnam J looked at one arbitral institution which also contained the term “China” but the inclusion of “Maritime” meant it had to be ruled out on the basis that “commercial men” would not consider a maritime arbitral institution for a commercial relationship where maritime matters were not present.
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.
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.
Factual and Procedural Background The present dispute arose out of an unpaid debt incurred by Sian Participation Corp (“Appellant”) to Halimeda International Ltd (“Respondent”). The negative obligation is not offended by the presentation of a winding-up petition as the court does not resolve a petitioner’s claim in a winding-up petition.
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.
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 discussion benefited from the presentation of empirical research highlighting how language reveals various aspects of identity such as nationality and education, but does not accurately reflect intelligence, and the presentation of an empirical survey on bilingual Chinese-English arbitrations.
The discussion benefited from the presentation of empirical research highlighting how language reveals various aspects of identity such as nationality and education, but does not accurately reflect intelligence, and the presentation of an empirical survey on bilingual Chinese-English arbitrations.
Ms Niuscha Bassiri had earlier presented the draft provisions at the PCA – Supreme Court of India Conference on International Arbitration and the Rule of Law in September 2024. The authors thank Ms. Emily Hay for her careful review.
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