According to a recent report by the anti-genocide group Enough, the combination of s.1502 of the Dodd-Frank Act, related international mineral reforms and the protection of brand reputations has resulted in a dramatic reduction in the financing of armed conflict in the Democratic Republic of Congo, the demilitarization of mines and renewed confidence in Congolese mining investment.… Continue Reading
The issue of whether a payment to a principal’s representative constituted a de facto secret commission was recently the subject of a UK High Court’s decision on an application to set aside an arbitration enforcement order.… Continue Reading
Whether a member of a limited liability partnership (LLP) can be a protected whistleblower under the Employment Rights Act 1996 ERA was recently considered by the UK Supreme Court.
The whistleblower was initially employed by a UK law firm to develop a joint venture with a Tanzanian law firm.… Continue Reading
The British Bankers’ Association recently issued its 2014 Anti-Bribery and Corruption Guidance, emphasizing the regulatory context and in particular the Financial Conduct Authority’s policies, recent thematic reviews and enforcement action.… Continue Reading
For the third time, an Organisation for Economic Co-operation and Development’s Phase 3 working group has reported that a country and party to the OECD’s anti-corruption convention has failed to bring a single foreign bribery case to trial.… Continue Reading
The threat of a possible Phase 3bis evaluation, leading to a public statement of non-compliance, is a sure sign that the Organisation for Economic Co-operation and Development (OECD) Working Group has encountered a brick wall.… Continue Reading
The London High Court’s recent decision in Otkritie v. Urumov, with headline damages of about $150 million, involved two discrete (but ultimately connected) frauds perpetrated on a Russian investment bank.… Continue Reading
The High Court in London dismissed a civil damages claim last week against Bernie Ecclestone, the chief executive officer of Formula 1, arising from a sale of shares in the Formula 1 Group.… Continue Reading
The publication last week of the EU’s first corruption monitoring report, with biennial ones to follow, highlights a striking disparity between its 28 members in tackling corruption.
The importance of specifically targeted legislation to prohibit bribery of foreign officials was well-illustrated by a recent Hong Kong Court of Appeals decision, HKSAR v. Krieger (2013) HKCA 639.
In the absence of such legislation, prosecutors of bribery offenses have to tackle difficult issues of agency, conspiracy and the absence of any corporate liability offense for bribery.… Continue Reading
Seasoned observers will recall how, over a 20-year period, a succession of long-running corruption inquiries have consistently revealed that certain players in Irish business and government circles appear to have been ethically challenged.… Continue Reading
An interesting aspect of the dispute that has arisen between AgustaWestland and the Indian government for the supply of 12 helicopters is the status of the arbitration agreement.
As the FCPA Blog has reported, the Indian government has rejected AgustaWestland’s contentions that the contract cannot be terminated until the conclusion of arbitration on the grounds that integrity-related issues are not subject to such dispute resolution.… Continue Reading