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] 3] What is the FCPA? American companies acquiring foreign corporations need to assess the risks carefully.

Corruption 52

Corruption Internal Control Ethics Accountability 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 116

Procurement Transparency Buyers Corruption 116

Kluwer Arbitration

MARCH 2, 2024

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.

Corruption 52

Corruption Ethics Transparency Import 52

Public Procurement Intl

APRIL 26, 2024

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

Public Procurement 130

Public Procurement Procurement Supply Chain Innovation 130

Kluwer Arbitration

JULY 14, 2024

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.

Corruption 59

Corruption Innovation Quality Import 59

Kluwer Arbitration

OCTOBER 25, 2023

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.

Collaboration 52

Collaboration Import Efficiency Thresholds 52

Kluwer Arbitration

OCTOBER 22, 2024

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.

Integration 52

Integration Integrity Corruption Ethics 52

Telles.eu

APRIL 13, 2023

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.

Procurement 100

Procurement Public Procurement Manufacturing Corruption 100

Kluwer Arbitration

MARCH 20, 2025

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.

Management 52

Management Efficiency Evaluation Balance 52

ivalua

AUGUST 21, 2022

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.

Procurement Strategies 96

Procurement Strategies Sustainability Procurement Supply Chain 96

Inter-American Development Bank

OCTOBER 31, 2024

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.

Public Procurement 52

Public Procurement Procurement Strategic Planning Balance 52

Kluwer Arbitration

APRIL 22, 2024

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.

Import 98

Import IT Corruption Consulting 98

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. Presently, as a system is in place (though it isn’t necessarily open), it doesn’t rank high on policy priorities.

Contract 67

Contract Transparency Public Procurement Procurement 67

Kluwer Arbitration

JUNE 19, 2024

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.

Corruption 52

Corruption Balance Capacity Contract 52

Whistleblower Network News

OCTOBER 11, 2023

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.

Corruption 60

Corruption Accountability Integration Integrity 60

Kluwer Arbitration

OCTOBER 14, 2023

Identifying and Confronting the Challenges of Corruption in Arbitration As highlighted by Ignacio Torterola (GST LLP), and originally stated in an ICC award , “corruption is an international evil”. This led to questions on the associated standard of proof.

Corruption 52

Corruption Transparency Demand Consulting 52

Kluwer Arbitration

AUGUST 9, 2024

However, AI also presents challenges. However, they also emphasised, just as with the use of AI, the need for safeguards in the use of VR and AR, especially to ensure the truthfulness and fairness of the evidence presented.

Finance 98

Finance Transparency Demand Sustainability 98

Kluwer Arbitration

JULY 8, 2024

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.

Corruption 52

Corruption Contract Procurement IT 52

Open Contracting Partnership

MARCH 5, 2024

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.

Procurement 89

Procurement E-procurement Public Procurement Sustainability 89

Kluwer Arbitration

DECEMBER 14, 2024

The notes reference to the previous judgment also brings a clearer picture showing the application of the present judgment. The review highlights the authors deep engagement with issues like confidentiality, party autonomy, and mediator well-being, while presenting potential solutions for the evolving mediation landscape.

Management 52

Management Corruption Negotiation Import 52

Kluwer Arbitration

FEBRUARY 14, 2024

Notably, the inclusion of provisions regarding anti-corruption, although framed as involuntary, applies only at the domestic legal level, thus avoiding broader discussions around internationalizing binding anti-corruption measures.

Corruption 52

Corruption Participation Negotiation Sustainability 52

Kluwer Arbitration

MAY 4, 2024

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.

Ethics 52

Ethics Influencing Participation Quality 52

Kluwer Arbitration

OCTOBER 23, 2024

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.

Bidding 98

Bidding Corruption Import IT 98

Kluwer Arbitration

DECEMBER 21, 2023

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).

IT 52

IT Corruption Ethics Education 52

Kluwer Arbitration

JANUARY 27, 2024

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.

Corruption 96

Corruption Quality Participation Data 96

Kluwer Arbitration

JULY 1, 2024

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.

Corruption 52

Corruption Export Import Transparency 52

Kluwer Arbitration

MARCH 1, 2024

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

Buyers 52

Buyers Corruption Purchasing Price 52

Kluwer Arbitration

DECEMBER 28, 2023

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.

Thresholds 95

Thresholds Influencing Corruption IT 95

Kluwer Arbitration

JUNE 6, 2024

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.

Ethics 52

Ethics Corruption Balance Transparency 52

Kluwer Arbitration

DECEMBER 22, 2023

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.

Thresholds 52

Thresholds Corruption Import Management 52

Kluwer Arbitration

APRIL 3, 2024

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.

Influencing 52

Influencing Balance Capacity Import 52

Kluwer Arbitration

MAY 10, 2024

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”).

Efficiency 52

Efficiency Innovation Balance Integration 52

Kluwer Arbitration

FEBRUARY 12, 2024

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.

Corruption 59

Corruption Collaboration IT 59

ivalua

MAY 9, 2019

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.

Supplier 58

Supplier Management Supply Chain Procurement 58

Kluwer Arbitration

MAY 9, 2024

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.

Influencing 52

Influencing Corruption IT Purchasing 52

Open Contracting Partnership

AUGUST 3, 2023

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.

Procurement 52

Procurement Public Procurement E-procurement Participation 52

Kluwer Arbitration

JANUARY 28, 2024

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.

Corruption 52

Corruption Innovation IT 52