At Global Insight we provide expert assistance to parties and counsel involved in arbitration or ADR proceedings to:
- explore and assess allegations of fraud & corruption in international business disputes
- conduct factual enquiries into issues at stake
- conduct enquiries into assets that may be subject to awards or enforcement proceedings – this can take place as a ‘pre-arbitration due diligence’ or at any other time in the proceedings or after them
- provide information and advice on issues that may affect our clients’ strategies
- provide expert witness services to tribunals (eg on issues involving allegations of fraud and corruption)
A party to an international contract involving supply of large industrial machinery was in a dispute with the manufacturer. Manufacturing contracts were guaranteed by a third party introducer. Machinery under dispute was installed and failed testing and this resulted in a flurry of claims and counterclaims.
We conducted factual enquiries in relation what appeared to be dilatory tactics by the manufacture concerning production problems, delays due to force majeur and lack of continuing financing. We conducted enquiries to provide advance indications of appropriate forums for enforcement of any awards made against both the manufacturer and the guarantor in various countries under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
A tendering process was held by an Asian government for a concession agreement for operation of a strategically important industry. After a change of government various allegations emerged that the original bidding was tainted by corruption and that this was evidenced by the fact that terms for the winner were seriously disadvantageous to the government. These allegations added to what was already a dispute over the repudiation of the concession by the new government and in relation to which arbitration proceedings had already commenced.
We provided an independent review of the tendering process, examined a mass of correspondence relating to the process (computer forensics and document examination), studied the history of relationships between the various parties to detect any indications of corrupt dealings and provided advice on how to proceed with a detailed collection of evidence to present to the arbitral tribunal.