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Search Results for: corruption

324 results available

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Antony Crockett (Herbert Smith Freehills LLP) for HSF Kramer
Could Indonesia join the TPP?
February 23, 2016

In October 2015, during an official visit to the United States, President Joko “Jokowi” Widodo, announced that Indonesia intended to join the Trans-Pacific Partnership (TPP). Jokowi’s plan…

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Giacomo Rojas Elgueta (D|R Arbitration & Litigation) for YSIAC
The Legal Consequences of Corruption in International Arbitration: Towards a More Flexible Approach?
January 20, 2016

The legal consequences of a breach of a contract tainted by corruption are better understood through a hypothetical: Contractor A of country X enters into negotiations with B, the Minister of…

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Ashutosh Ray
Unveiled: Indian Model BIT
January 18, 2016

White Industries woke up India to the realities of Investment Treaty Arbitrations (“ITA”) during the end of 2011. Today, India has one of the highest numbers of ITA claims pending against it. The…

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Michael P. Daly, Jawad Ahmad (Mayer Brown LLP)
The EU-Vietnam FTA: What Does It All Mean? What Does It Mean for the Future?
December 14, 2015

Michael P. Daly is a Visiting Scholar at George Washington Law School and Legal Adviser to Charles N. Brower and Jawad Ahmad is a Legal Adviser at the Iran-US Claims Tribunal. The views expressed in…

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Louise Barrington for ArbitralWomen
Mooties Making A Difference: Reaching Out To Build In Cambodia
November 27, 2015

The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. A few weeks ago, a small…

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Raul Pereira de Souza Fleury (FERRERE Abogados)
Do Arbitrators have an ex officio duty/right to self-investigate corruption?
November 25, 2015

It has been some time since Judge Gunnar Lagergren – 52 years precisely – arbitrated a case (ICC No. 1110) whose underlying contract involved an agreement to pay bribes, and where he proffered a…

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Esmé Shirlow (Australian National University)
Addressing the Problem of the ‘Unknown’ Claimant in Investor-State Arbitration
November 25, 2015

As Mariel Dimsey has observed, a key challenge posed by investment treaties is that - at the point of ratification - they expose States to arbitrations of 'as-yet-unknown scope and against as-yet-…

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Margareta Habazin (Georgetown University Law Center)
MOL v. Republic of Croatia: The ICSID Case Where Investor Corruption as a Defense Strategy of the Host State in International Investment Arbitration Might Succeed
November 16, 2015

In the landscape of international investment arbitration the allegations of corruption have become more and more common. Confronted with investor’s claims before an arbitral tribunal, host states…

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Justinas Jarusevicius (Motieka & Audzevicius)
Lithuania Has Restrained the Unruly Horse of Public Policy
November 12, 2015

Public policy remains one of the most popular grounds used by the parties to oppose the recognition and enforcement of an arbitral award. Its vague content also makes its application in court greatly…

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Vikas Mahendra (Arista Chambers)
Arbitration in India: A New Beginning
November 06, 2015

The recently promulgated Arbitration and Conciliation (Amendment) Ordinance 2015 (the “Ordinance”) marks a significant change in the arbitration landscape of India. Most significantly, the Ordinance…

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