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|What Canadian Companies Can Learn from Alcoa’s US$384 Million Anti-Corruption Fine|
Brandon Barnes, Graham Erion, Jeffrey Horswill, Jeffrey D. Horswill, John Munnis; Davis LLP;
January 14, 2014, previously published on January 14, 2014The U.S. Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) sent a stern warning to companies engaged in international trade last week with a settlement, disgorgement of profits and fines worth a combined US$384 million against Alcoa Inc....
|Canada Ratifies World Bank’s Treaty on Investment Disputes|
Barry Leon, John Siwiec; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
January 6, 2014, previously published on December 30, 2013On December 1, 2013, Canada became the 150th country to join the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (“ICSID Convention”). Canada’s ratification of the Convention will reduce the risks to Canadian companies investing...
|Debate Concerning Renewal of African Growth and Opportunity Act Has Begun|
Singleton B. McAllister, Evelyn M. Suarez; Williams Mullen;
December 18, 2013, previously published on December 17, 2013Signed into law by President Clinton on May 18, 2000 and subsequently expanded, the African Growth and Opportunity Act (AGOA) is a unilateral system of trade preferences that allows thousands of types of goods produced in Sub-Saharan Africa to be imported duty-free to the United States.
|Australian Court Issues Freezing Order in Aid of Foreign Proceedings—What's Good for the Goose Will Be Good for the Gander|
Steven W. Fleming, Tony Wassaf; Jones Day;
December 10, 2013, previously published on December 2013A Swiss incorporated subsidiary of Severstal, a Russian steel manufacturer, and Bhushan, an Indian company, are in dispute about shipments of steel by Severstal from Russia to Bhushan's Indian plant. Proceedings in relation to this dispute have been determined in Switzerland and are also ongoing in...
|Sub-Saharan Africa's Performance in this Year's Corruption Perception Index|
Matthew J. Cannon, D. Porpoise Evans, Alais L. M. Griffin, Benjamin B. Tymann; Greenberg Traurig, LLP;
December 9, 2013, previously published on December 5, 2013The Corruption Perceptions Index (CPI), published annually by Transparency International, scores 177 countries and territories on their perceived level of public sector corruption using a scale from 0 (highly corrupt) to 100 (very clean). This highly-respected annual perception ranking draws its...
|China Unveils Preferred Share Pilot Program for Listed Companies and Non-Listed Public Companies|
Brian D. Beglin, Jin Wang, Xiaowei Ye; Bingham McCutchen LLP;
December 9, 2013, previously published on December 6, 2013On November 30, 2013 the State Council issued Guiding Opinions on Launching Pilot Program for Preferred Shares (the “Opinions”), which set forth 16 guidelines concerning the rights and obligations of preferred shareholders, the issuance and trading of preferred shares, and associated...
|World Bank Report Concludes That Financial Sanctions Imposed By Prosecuting States Are Failing To Compensate Countries Whose Officials Have Been Bribed|
Annie Clarke, Jamie Humphreys, James Maton, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
December 5, 2013, previously published on December 3, 2013The World Bank’s Stolen Asset Recovery Initiative (StAR) last week published a report, Left Out of the Bargain (http://star.worldbank.org/star/publication/left-out-bargain-settlements-foreign-bribery-cases-and-implications-asset-recovery), concluding that although significant out of court...
|European Commission Proposes New Ground Rules for US Safe Harbor|
Susan L. Foster; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
December 2, 2013, previously published on November 28, 2013(LONDON) The European Commission, which has the authority to make changes to the US Safe Harbor program, has published a paper titled “Rebuilding Trust in EU-US Data Flows” that sets out the changes that the Commission would like to see the US adopt. While it would be a bit premature to...
|Canada Joins the International Centre for Settlement of Investment Disputes|
November 28, 2013, previously published on November 27, 2013On November 1, 2013 Canada ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the “Convention”).
|Canada Ratifies International Arbitration Protocol|
David Lederman, Neill May; Goodmans LLP - Toronto;
November 22, 2013, previously published on November 15, 2013Canada will finally adopt the International Centre for Settlement of Investment Disputes (“ICSID”) convention as of December 1, 2013. The convention, which has been adopted by 150 other countries including most of Canada’s frequent trading partners, will have significant impact on...