Topic: Bribery and corruption

US targets Clyde & Co award funds

The US Department of Justice is attempting to seize the proceeds of an arbitral award held by Clyde & Co that Malaysian authorities say can be traced to the 1MDB corruption scandal.

17 September 2020

Nigeria can plead fraud case against mega-award

The Commercial Court in London has ruled that Nigeria can pursue a late challenge to a US$10 billion award over a failed gas project, ruling there is a “strong prima facie case” that it was tainted by corruption, perjury and dishonest conduct.

04 September 2020

Settlement bars Petrobras claim over refinery bribes

A Texas state appeal court has affirmed that Brazil’s Petrobras is barred from pursuing bribery claims in an ICDR arbitration over the purchase of a US oil refinery because of a settlement agreed eight years ago.

25 August 2020

Why tribunals should not ignore “red flags” of corruption

Responding to a recent GAR article on the value of requiring direct evidence to support allegations of illegality against an investor, Squire Patton Boggs partners John Branson and Raúl Manon argue that tribunals should be prepared to rely on “red flags” to make reasonable inferences about corruption when direct evidence is unavailable.

12 August 2020

Lima pursues corruption challenge to toll award

The Peruvian municipality of Lima has asked a US court to set aside a US$68 million UNCITRAL award won by an Odebrecht subsidiary over a revoked toll road concession – as it says new evidence has emerged that underlying contract was procured through corruption.

11 August 2020

Three takes on the same corruption allegations

Stéphane Bonifassi and Elena Fedorova of Bonifassi Avocats in Paris argue that the Swiss, French and UK courts’ different treatment of an ICC award against Alstom highlights the need for more uniformity in the approach to corruption allegations in international arbitration.

23 July 2020

Petrobras loses appeal in bribery dispute

A US appeals court has upheld an ICDR award that required Brazil’s Petrobras to pay over US$700 million to an offshore drilling company for terminating a contract allegedly procured through bribery.

17 July 2020

Alstom award enforced despite bribery claim

The Commercial Court in London has upheld the enforcement of an ICC award against Alstom despite allegations that the performance of the underlying contract was tainted by bribery.

18 June 2020

Steinmetz: Brazilian miner’s anti-bribery checks were a “sham”

Israeli businessman Beny Steinmetz has accused Brazilian mining company Vale of wilfully ignoring potential corruption risks when it entered into a joint venture with his eponymous mining group a decade ago.

22 May 2020

Subpoena in bribery probe upheld despite BIT claim

A US court has upheld a subpoena compelling an engineering company to hand over documents to support a corruption investigation in Ecuador, rejecting arguments it was an attempt to “bypass” procedures in an investment treaty arbitration.

23 April 2020

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