Chris Brits’ Post

Arbitration, corruption and justice for local communities - the Chartered Institute of Arbitrators (CIArb)'s 2024 Roebuck Lecture. High-profile academic and arbitrator EMILIA ONYEMA called on arbitrators to take more account of citizens’ rights as stakeholders in arbitral proceedings involving corruption allegations, and increase fairness with reference to the Nigeria v P&ID case. #internationalarbitration #arbitration #accesstojustice #corruption https://lnkd.in/ehSDemSg

Interesting read

#CostaRica 🇨🇷 has recently enacted two new laws aimed at enhancing compliance and anti-corruption efforts, aligning with OECD - OCDE standards. Janelle Christie Lindo of BLP Legal explains the reforms and the new dispositions seeking to protect whistleblowers and witnesses of corruption acts. #legal #anticorruption #transparency #latinamerica #law #oecd #development

Continuing the hot topic of corruption in arbitration, how should a tribunal respond to ongoing criminal proceedings concerning corruption, related to the case before it? The High Court of Rwanda gives its view. #ArbitrationLinks

Confiscating even relatively small amounts of assets from corrupt officials can mean a lot to local people – and deter others by showing that corruption doesn't pay. 🇵🇪 Using Peru's Extinción de Dominio law, provincial prosecutors in Cusco were able to confiscate a corruptly obtained house and land from a former mayor while the lengthier criminal proceedings play out. 👏 Sergio Jiménez N. spoke to the lead prosecutor about the case and the law: https://lnkd.in/evbuSCWn Sergio leads our team of asset recovery specialists supporting Peru's subnational authorities under our long-running Programa GFP Subnacional of the 🇨🇭SECO Economic Cooperation and Development in Peru.

Available in the ICC Bulletin: Red Flags or Other Indicators of Corruption in International Arbitration 🚩 This essential document by the ICC Commission on Arbitration and ADR’s Task Force ‘Addressing Issues of Corruption in International Arbitration’ provides valuable insights on red flags or other indicators of corruption in international arbitration. Intended for corporate users of ICC Dispute Resolution Services, (ICC) arbitral tribunals, arbitration practitioners, and anti-corruption and compliance officers, the document includes a three-step methodology for evaluating potential or asserted red flags: 1️⃣ Identifying the potential/asserted red flags. 2️⃣ Validating or confirming (or negating) the red flags. 3️⃣ Assessing red flags from the perspective of the law on evidence. 📚 The report also delves into the procedural impact of red flags, addressing issues such as the admissibility of corruption allegations, evidentiary standards, and the delicate balance arbitrators must strike between resolving disputes and ensuring enforceable, fair, and impartial decisions. Read the executive summary below ⤵️ and download the full document at https://lnkd.in/e_nq-frD 🔗 #ICCBulletin #ICCCommissionArbitrationADR #anticorruption #internationalarbitration Lucinda Low, Abdulhay Sayed, Xavier Andrade, Patrick Baeten Sophie Nappert, José Ricardo Feris, Vladimir Khvalei, Caline Mouawad, Dr. Hélène VAN LITH, Melanie van Leeuwen

Prof. Peter Goss, PhD - MD of Fi-Fa-C Forensics (www.fi-fa-c.com) - contests this Daily Maverick article which promotes the need for an Anti-Corruption Commission and related legislative bill in South Africa. The article proposes the need for a new agency on account inter alia of inefficiencies, resource constraints, the absence of expertise, and political interference in law enforcement agencies. Prof Goss argues that, while the article is correct about the problems, there is no place for yet another anti-corruption agency. The State must first rationalise law enforcement agencies, get them to maximum effectiveness and performance and then decide a solution for the remaining gaps. Published studies indicate that right now there are over 30 government institutions in South Africa with anti-corruption functions hard-coded into legislation. Another law and another law enforcement agency ignores the fundamental problem of an absence of co-ordination, silo mentality, too many non-performing agencies without accountability, and of course political tampering with the work of law enforcement. https://lnkd.in/g5QSbTwh

Our Commercial Litigation Partner Paul Kwan and Associates Mandy Pang and Ellie Fong, recently contributed to the Hong Kong Chapter of Global Legal Insights - Bribery and Corruption 2025, published by Global Legal Group. In this latest edition, Paul, Mandy and Ellie provided an overview of the legal framework for anti-bribery and anti-corruption in Hong Kong and an update of the enforcement activities in the last year, as well as delved into the important issues in Hong Kong and cross-border jurisdiction relating to investigation, decision-making and enforcement procedures. Read the full article here: https://lnkd.in/g28EkMtY Our Litigation and Dispute Resolution Practice is experienced in helping clients devise suitable anti-bribery and corruption policies and procedures, as well as protecting clients’ interests in investigations and criminal prosecutions. Learn more about us here: https://lnkd.in/g7dhqi8q #Deacons #DeaconsLitigationandDisputeResolution #Litigation #BriberyAndCorruption #Regulations #AntiBribery #AntiCorruption #GLI

Today is International Anti-Corruption Day, a good time to read this report on the red flags of corruption in international arbitration.