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Articles by Amina Khoungui
Corruption evidence in arbitration: from red flags to expert reports
More voices are noting the need for arbitrators to be aware of and actively deal with signs of corruption. But how best to find and present evidence of corruption in arbitration proceedings? The circumstances surrounding corruption can be complicated. A targeted population of transactions over a focused time period is important, together with a robust methodology for identifying and describing potentially problematic business transactions or red flags.
The Growing Salience of Corruption Evidence in Arbitration Matters
Dealing with international arbitration proceedings concerning historical transactions with undertones of corruption is an increasingly interesting challenge. More voices are noting the need for arbitrators to be aware of and actively deal with signs of corruption. The regulatory enforcement of anti-corruption statutes and the rise of compliance standards in the international business community have raised awareness of practices historically considered acceptable.
Best Practice for Presenting Corruption Evidence in Arbitration
This is an Insight article, written by a selected partner as part of GAR's co-published content. Read more on Insight Dealing with international arbitration proceedings concerning historical transactions with undertones of corruption is an increasingly interesting challenge. More voices are noting the need for arbitrators to be aware of and actively deal with signs of corruption, including the notable judgment published in England in October 2023 – The Federal Republic of Nigeria v.
Canada’s new DPA regime brings internal controls to the forefront - The FCPA Blog - The FCPA Blog
Canada’s enforcement landscape may be changing. The Canadian legislator appears to be signalling a will to increase enforcement of the Corruption of Foreign Public Officials Act (CFPOA) (as well as other economic crimes) with the September 2018 adoption of the new Canadian Deferred Prosecution Agreement (DPA) regime, also called the Remediation Agreement regime. The Remediation Agreement regime appears to place a greater focus on the importance of internal controls.
Canada’s new DPA regime brings internal controls to the forefront
Canada’s enforcement landscape may be changing. The Canadian legislator appears to be signalling a will to increase enforcement of the Corruption of Foreign Public Officials Act (CFPOA) (as well as other economic crimes) with the September 2018 adoption of the new Canadian Deferred Prosecution Agreement (DPA) regime, also called the Remediation Agreement regime. The Remediation Agreement regime appears to place a greater focus on the importance of internal controls.
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