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Tag Archives: Corruption

How Far Do Tribunals Have a Duty to Investigate Corruption? The Kenyan High Court Has Its Word

It is twelve years since an ICSID tribunal dismissed World Duty Free’s claim against the Republic of Kenya for breach of a lease agreement signed in 1989. As is well known, the claimant obtained the contract with a $2 million bribe to former President Moi, and the tribunal held, inter alia, that it could not uphold a claim based on a contract obtained through corruption, deeming it contrary to international public policy (World Duty Free Company Limited v Republic of Kenya (ICSID Case No. ARB/00/7), para. 188). Despite this 2006 award, World Duty

Singapore High Court rejects a challenge to the enforcement of an arbitration award founded on fraud and corruption

The Singapore High Court has confirmed the principle an allegation of fraud in a civil matter will be considered on the balance of probabilities, but that the nature of the evidence to enable a finding to be made should be more persuasive or strong than that required for a finding of, for example, negligence. In Beijing Sinozonto Mining Investment Co Ltd v Goldenray Consortium (Singapore) Pte Ltd [2014] 1 SLR 814, the Singapore High Court considered a challenge under s31(4)(b) of the Singapore International Arbitration Act to the enforcement of