On January 30, 2024, Transparency International (TI) published its annual Corruption Perceptions Index (CPI) for 2023. The 2023 CPI suggests there has been limited progress in the global fight against corruption, with TI...more
2/8/2024
/ Anti-Corruption ,
Bribery ,
China ,
Corruption ,
Foreign Corrupt Practices Act (FCPA) ,
Indonesia ,
Malaysia ,
Money Laundering ,
Supply Chain ,
Transparency International ,
White Collar Crimes
Vietnam cemented itself as Asia’s “shining star” during the COVID-19 pandemic. While many countries struggled to balance managing a healthcare crisis and preserving the economy, Vietnam bucked the trend. Its economy hit 8%...more
The Singapore High Court recently ruled that a party to a Singapore law-governed contract was justified in relying on a sanctions clause in the contract to refuse payment to the counterparty in an effort to avoid breaching...more
On January 31, 2023, Transparency International (TI) published its annual Corruption Perceptions Index (CPI) for 2022. As in recent years, the 2022 CPI demonstrates that more must be done to combat corruption globally – with...more
Does 28 U.S.C. § 1782 (“Section 1782”), which permits litigants to seek the assistance of U.S. district courts in obtaining evidence for use in a “foreign or international tribunal,” apply to arbitrations before “private...more
On January 25, 2022, Transparency International (TI) published its annual Corruption Perceptions Index (CPI) for 2021.[1] Similar to previous years’ indices, the CPI 2021 demonstrates that corruption levels, including in the...more
On December 10, 2021, the United States Supreme Court granted certiorari in two cases—ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, and AlixPartners, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, No....more
On March 22, 2021, the United States Supreme Court granted certiorari in Servotronics Inc. v. Rolls-Royce PLC, No. 20-794, to determine whether the discretion granted to district courts under 28 U.S.C. § 1782 (“Section 1782”)...more
On January 28, 2021, Transparency International (TI) published its annual Corruption Perceptions Index (CPI) for 2020. As with previous years’ indexes, the CPI 2020 demonstrates that many regions, including the Asia-Pacific...more
On December 7, 2020, Servotronics, Inc. filed a petition for writ of certiorari asking the United States Supreme Court to decide whether parties may seek discovery in the United States for use in commercial arbitration...more
Welcome to the inaugural edition of Morrison & Foerster’s quarterly newsletter on recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may affect Japanese...more
11/6/2020
/ Arbitration ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Electronic Communications ,
FCPA Corporate Enforcement Policy (CEP) ,
Food and Drug Administration (FDA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Chamber of Commerce (ICC) ,
Japan ,
LCIA ,
Remote Hearings ,
SCC ,
Securities and Exchange Commission (SEC)
A recent decision by the U.S. Court of Appeals for the Seventh Circuit widens an existing circuit court split regarding whether parties may seek discovery in the United States for use in commercial arbitration proceedings...more
On June 15, 2020, the Supreme Court of the United States issued a landmark civil rights decision, holding that Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating on the basis of...more
8/11/2020
/ Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEO ,
Employee Training ,
Equal Opportunities ,
Gender Identity ,
Japan ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
Parties to arbitrations seated outside the United States occasionally request that U.S. federal courts order discovery under 28 U.S.C. § 1782 (“Section 1782”), which allows discovery in the United States for use in a...more
COVID-19 has caused widespread disruption in the global economy and has created new obstacles in the usual course of dispute resolution. While most arbitration institutions continue to facilitate and adjudicate cases, they...more
6/10/2020
/ Coronavirus/COVID-19 ,
E-Filing ,
Hong Kong International Arbitration Centre (HKIAC) ,
ICSID ,
International Chamber of Commerce (ICC) ,
LCIA ,
SIAC ,
Technology ,
Tribunals ,
Videoconference ,
Virtual Meetings
An important question in international arbitration is whether courts in the United States can order discovery in aid of foreign-seated arbitrations under 28 U.S.C. § 1782 (“Section 1782”). The law in this area is quickly...more
On January 23, 2020, Transparency International (“TI”) published its annual Corruption Perceptions Index (“CPI”) for 2019. As with previous years’ indexes, the CPI 2019 demonstrates that many regions, including Asia-Pacific,...more
On 22 July 2019, the Securities Commission Malaysia (the “Securities Commission”) announced that it would implement an action plan to strengthen standards of corporate governance to prevent corruption, misconduct and fraud in...more
On January 29, 2019, Transparency International (“TI”) published its annual Corruption Perceptions Index (“CPI”) for 2018, a survey which ranks perceptions of public sector corruption in 180 countries and territories...more
On March 20, 2018, China's legislature passed the Supervision Law, granting extremely broad investigative powers to a new anti-corruption agency – the National Supervision Commission (“NSC”) – established by constitutional...more
On March 9, 2018, the Asian International Arbitration Centre (AIAC) unveiled its 2018 Arbitration Rules, which became effective immediately. The new rules update and replace those issued in June 2017, before the AIAC changed...more
On March 7, 2018, the Singapore International Arbitration Centre (“SIAC”) released its annual report for 2017. The highly anticipated report provided insight into the first full calendar year since the SIAC introduced the...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
8/30/2016
/ Airlines ,
Alstom ,
Anti-Corruption ,
Argentina ,
Brazil ,
Bribery ,
China ,
Civil Forfeiture ,
Compliance ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Fiduciary Duty ,
Foreign Corrupt Practices Act (FCPA) ,
Forfeiture ,
Malaysia ,
Mexico ,
Misappropriation ,
Offshore Drilling ,
Section 7 of UKBA ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
Singapore ,
Sovereign Wealth Funds ,
Subsidiaries ,
UK
INTRODUCTION -
The sixth edition of the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) comes into force today, August 1, 2016 (the “SIAC Rules 2016” or the “Rules”).2 The Rules were...more
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more
7/29/2016
/ Administrative Proceedings ,
Anti-Corruption ,
Brazil ,
Breach of Contract ,
Bribery ,
China ,
Constitutional Challenges ,
Corporate Counsel ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Subsidiaries ,
Guilty Pleas ,
Internet Service Providers (ISPs) ,
Japan ,
McDonnell v US ,
Medical Devices ,
Mexico ,
Non-Prosecution Agreements ,
OECD ,
Pharmaceutical Industry ,
Russia ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Serious Fraud Office (SFO) ,
UK ,
Venezuela ,
Yates Memorandum