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Dec 09
0

Bretton Woods Law speaking in at British Embassy in Vienna and La Sapienza University in Rome

By | Administrative Law, IAL, International Administrative Law, News | No Comments

On 27th November, Bretton Woods Law presented a seminar on international administrative law in Vienna. Hosted in conjunction with the British Embassy in Vienna and UK Trade and Investment (‘UKTI’) at the Residence of HE the British Ambassador, some 38 delegates from 25 different international organisations attended for a selection of lectures presented by members of BWL covering themes such as fundamental and essential rights, harassment, the big issues of IAL and litigating before administrative tribunals and legal insurance.

This event follows BWL’s participation in the Round Table at La Sapienza University in Rome on 6th November, which focused on the theme of ‘right of appeal in international administrative courts. The Round Table was organised by the Committee of Staff Representatives of the Co-ordinated Organisations (‘CRP’), the Association of Scholars of International and European Law, the University of Rome La Sapienza’s Department of Communication and Social Research, the Journal of the International Legal Cooperation, KorEuropa (On-line Journal of the European Documentation Centre of the Kore University of Enna), the International Law and European Union Law Series (Aracne Ed.). Jazz Omari delivered a presentation entitled ‘Should an appeal mechanism be introduced against rulings by the courts of International financial institutions?’ which compared the current structure of the internal justice systems at multilateral development banks and examined possible structural reforms devised by Lee Marler. The Round Table received a Medal of the Presidency of the Italian Republic and the presentations shall be published by Aracne Editions in the new year.

Dec 02
0

BREAKING NEWS

By | Development Banks, Multilateral Development Banks, News | No Comments

The African Development Bank with BWL Assistance Settles Sanction Case with Hitachi Ltd of Japan

The African Development Bank (“AfDB”) has today announced in Abidjan that it has entered into a Settlement Agreement with Hitachi Ltd of Japan, which brings to an end the three-year investigation undertaken by the AfDB’s Integrity and Anti-Corruption Department (“IACD”).  IACD had alleged that two Hitachi companies – the German based Hitachi Power Europe GmbH (“HPE”) and its South African subsidiary Hitachi Power Africa (Pty) Ltd (“HPA”) – had engaged in sanctionable practices in order to be awarded in South Africa in 2007 the AfDB financed Medupi Power Station Boiler Works Contract.

BWL’s Lee Marler and Neil Macaulay have represented IACD in this matter for the past two years and an international BWL team instructed by IACD (and comprised of Marler, Macaulay, Alan Sarhan and Ayman Daher (the latter two from BWL Canada)) will now proceed to assist Hitachi Ltd in fulfilling its settlement obligations to the AfDB.

The full text of today’s AfDB press release reads as follows:

“Abidjan, Côte d’lvoire Wednesday, 2nd December 2015 – The African Development Bank Group (“AfDB”) announces that on 2nd November 2015 it concluded a Settlement Agreement with Hitachi, Ltd.  (“Hitachi”) of Tokyo, Japan.

The Settlement Agreement follows a three year investigation by the AfDB’s Integrity and Anti-Corruption Department (the “IACD”) into allegations of sanctionable practices by certain Hitachi subsidiaries on the AfDB financed Medupi Power Station Boiler Works Contract in the Republic of South Africa. The IACD alleged that at the material time Hitachi Power Europe GmbH (“HPE”) based in Germany and its South African subsidiary, Hitachi Power Africa (Pty) Ltd (“HPA”), engaged in sanctionable practices in order to be awarded the boiler works contract.

The AfDB acknowledges that Hitachi and its affiliates co-operated fully and openly with the IACD investigation, and that Hitachi was determined throughout to maintain its good relations with the AfDB and to protect the integrity of the Medupi project.  Despite their differences, both parties shared a desire to resolve the current difficulties by way of settlement.

Due in part to the high level of assistance provided to the IACD by Hitachi, the AfDB has agreed to impose the sanction of debarment for twelve months with conditional release upon HPE and HPA, the two companies at the centre of the IACD investigation.  Debarment will be terminated as soon as Hitachi enhances its integrity compliance programme to the standard set by the AfDB’s Integrity Compliance Guidelines.  Moreover, Hitachi has voluntarily agreed (1) to make a substantial financial contribution to the AfDB, which will be used to fund worthy anti-corruption causes on the African continent; and (2) to co-operate with the IACD on a variety of matters, including enhancing where necessary its existing integrity compliance programme referenced above.

“The sanctions imposed under the settlement agreement reflect the level of cooperation provided by Hitachi, Ltd. in the investigation of the Medupi matter, for which the IACD is grateful”, said Anna Bossman, Director of the IACD.  “Hitachi has shown by its actions that it is committed to doing business in an ethical manner and the IACD believes in giving credit for such dedication.  As I have said before, the IACD is ever willing to resolve amicably allegations of sanctionable practices with companies that show a sincere commitment to integrity, who collaborate in the resolution of allegations and who elect to enhance their compliance polices and procedures.”

On 30th October 2007, Eskom awarded the AfDB financed Medupi Power Station Boiler Works Contract for the design, manufacture, supply, erection and commissioning of six coal fired steam generator units at its Medupi plant at Lephalale in the Limpopo Province of South Africa to the consortium of HPE and HPA.  Mr Johann Benöhr led the IACD investigation with support from Ms Funmilayo Akinosi and Mr Simeon Obidairo.  Lee Marler, Neil Macaulay and Alex Haines of Bretton Woods Law, London represented the IACD.”

Separately, Hitachi Ltd also settled on 28th September 2015 with the United States’ Securities and Exchange Commission (“SEC”) and its press release of the same day, in which it acknowledged the assistance provided by IACD and by implication BWL, reads as follows:

“Washington D.C., Sept. 28, 2015 — The Securities and Exchange Commission today charged Tokyo-based conglomerate Hitachi, Ltd. with violating the Foreign Corrupt Practices Act (FCPA) when it inaccurately recorded improper payments to South Africa’s ruling political party in connection with contracts to build two multi-billion dollar power plants.

Hitachi has agreed to pay $19 million to settle the SEC charges.

The SEC alleges that Hitachi sold a 25-percent stake in a South African subsidiary to a company serving as a front for the African National Congress (ANC).  This arrangement gave the front company and the ANC the ability to share in the profits from any power station contracts that Hitachi secured.  Hitachi was ultimately awarded two contracts to build power stations in South Africa and paid the ANC’s front company approximately $5 million in “dividends” based on profits derived from the contracts.  Through a separate, undisclosed arrangement, Hitachi paid the front company an additional $1 million in “success fees” that were inaccurately booked as consulting fees without appropriate documentation.

“Hitachi’s lax internal control environment enabled its subsidiary to pay millions of dollars to a politically-connected front company for the ANC to win contracts with the South African government,” said Andrew J. Ceresney, Director of the SEC’s Enforcement Division.  “Hitachi then unlawfully mischaracterized those payments in its books and records as consulting fees and other legitimate payments.”

According to the SEC’s complaint filed in U.S. District Court for the District of Columbia:

  • Hitachi was aware that Chancellor House Holdings (Pty) Ltd. was a funding vehicle for the ANC during the bidding process.
  • Hitachi nevertheless continued to partner with Chancellor and encourage the company to use its political influence to help obtain government contracts from Eskom Holdings SOC Ltd., a public utility owned and operated by the South African government.
  • Hitachi paid “success fees” to Chancellor for its exertion of influence during the Eskom tender process pursuant to a separate, unsigned side-arrangement.

Hitachi’s misconduct violated the books and records and internal accounting controls provisions of the federal securities laws, specifically Sections 13(b)(2)(A) and 13(b)(2)(B) of the Securities Exchange Act of 1934.

Without admitting or denying the SEC’s allegations, Hitachi agreed to a settlement that would require the company to pay a $19 million penalty, and it would be permanently enjoined from future violations.  The settlement is subject to court approval.

The SEC’s investigation was conducted by Jon Jordan and Thierry Olivier Desmet of the FCPA Unit in Miami with assistance from Kathleen Strandell, David S. Johnson, and Matthew P. Cohen.  The SEC appreciates the assistance of the Justice Department’s Fraud Section, the Federal Bureau of Investigation, the Integrity and Anti-Corruption Department of the African Development Bank, and the South African Financial Services Board.

“We particularly appreciate the assistance we received from the African Development Bank’s Integrity and Anti-Corruption Department and hope this is the first in a series of collaborations,” said Kara Brockmeyer, Chief of the SEC Enforcement Division’s FCPA Unit.””

BWL barristers are renowned experts in the sanctions procedures operated by the world’s multilateral development banks (“MDB’s”), such as the African Development Bank (“AfDB”), the Asian Development Bank (“AsDB”), the Inter American Development Bank (“IADB”) and the World Bank Group.

Lee Marler, BWL’s co-head of Chambers, is quoted as saying that “we are very proud to be IACD’s standing counsel and we are delighted to have assisted the Department these past years in bringing the Medupi case to a successful conclusion, but we are equally proud to be able to represent our other clients before the anti-corruption units, sanctions boards and committees of the other MDBs.  Our strength is our depth of knowledge and unparalleled experience, for at BWL we prosecute for the AfDB but defend everywhere else and it is this rich mix that serves to ensure that we give balanced and objective advice to all of our MDB clients”.

The BWL MDB team can be contacted at enquiries@brettonwoodslaw.com

Nov 04
0

The International Administrative Law Centre of Excellence publishes the Internal Justice Systems of International Organisations Legitimacy Index 2015

By | IAL, International Administrative Law, News | One Comment

On 1st and 2nd October 2015, the third annual International Administrative Law (“IAL”) Centre of Excellence conference took place at King’s College, London, where delegates represented 26 international organisations, including the World Bank, the EU, UNIDO, EPO, WHO, WTO, EBRD, AsDB, IAEA, OECD and OECD.

The IAL Centre of Excellence annual conference brought together international civil servants, union representatives, independent lawyers and lawyers for human resources and management, academics, and others interested in IAL from around the world, with a view to shaping and improving this area of the law.

The conference topics included recent developments in IAL, the concept of fairness, whistleblower protection at the UN, updates on legal insurance and class actions, the EU courts and violation of Article 6 ECHR.

The conference culminated with the presentation of the second version (2015) of the IAL Centre of Excellence’s Internal Justice of International Organisation Legitimacy Index. The 2015 version of the Index comprises of 28 international organisations of different sizes and from different continents, and ranks the internal justice systems of international organisations against one another with reference to customary international human rights law and general principles of international law.

Access the 2015 Index and more general information on the IAL Centre of Excellence

 

Jun 25
0

Bretton Woods Law assists World Bank Staff Association to protect grandfathered rights

By | IAL, International Administrative Law, News | No Comments

On 3rd November 2014, Lee Marler from Bretton Woods Law gave a presentation at a World Bank town hall meeting organised by the Staff Association.  The meeting took place in the Preston Auditorium at the World Bank’s headquarters in Washington DC and was streamed live via video link to thousands of employees in the Bank’s country offices around the world.  Bretton Woods Law’s presentation was on whether or not the World Bank, following discussions by management around cost efficiencies and savings, could cut the benefits (including education grants, home leave and the separation grant upon termination) of staff who joined the organisation before 1998.  The benefits of these staff members are different from those offered to staff who joined thereafter.  A month after the town hall meeting in November of last year, Senior Management of the World Bank confirmed its decision to leave these pre-1998 benefits intact and not to review them for the foreseeable future.  Bretton Woods Law considers this decision to be a well-deserved victory for the Staff Association following its hard work over the last two years to protect the acquired rights of its members.

Oct 15
0

Marler Mentioned in Dispatches

By | News, Rule of Law | No Comments

A former UK Chief of the Defence Staff has singled out BWL’s Lee Marler for praise. Lord Richards of Hertsmonceux (formerly General Sir David Richards) in his recently published, serialised and best selling autobiography titled Taking Command (Headline Publishing Group (2014) ISBN 97814722 20844) writes at page 110 as follows:

“Another key player [in East Timor in 1999] was Lieutenant Colonel Lee Marler of the Army Legal Corps, who was my operational lawyer. Modern Generals need to have in their back pockets not the sapper and gunner of tradition, but a media man and a lawyer. If you haven’t got those cards in your deck, you’re lost. The Australians soon realised that they needed to put the new country of East Timor on a legal footing but they didn’t have anyone within their military with that background. I had someone in Lee Marler. In the month or so that we were in East Timor, he worked all hours to draft a new constitution. He deserves huge credit for what he did. He based it on the international laws of war and it served as a transitional structure while a new long-term constitution was drafted, which the UN did the following year. The Australians did not much like the fact that my lawyer had done it but took it on the chin, generously giving Lee many plaudits when he left. Since leaving the Army, Marler has become a successful barrister with his own chambers.”

Chambers congratulates Lee on this public recognition for his Rule of Law work.

Lee heads up the BWL Rule of Law and IHL Teams and can be contacted at leemarler@brettonwoodslaw.com.

Sep 10
0

Legal Expenses Insurance – Game Changer for International Civil Servants

By | Administrative Law, Civil Servants, Employment Disputes, IAL, International Administrative Law, News, Uncategorized | No Comments

Earlier this year, lawyers from BWL were approached by a Manager at a large International Organisation based in London who had been, in his view, a victim of retaliation. As as a result, he was not promoted and his employer organisation failed to award him the pay rise he deserved.

He notified his household insurers who confirmed that his policy included legal expenses insurance for grievances arising out of employment disputes with his employer. Initially, his insurance company wanted to appoint an English employment lawyer to represent him throughout the international organisation’s internal justice system. Lawyers from BWL explained that the applicable law (i.e., international administrative law or ‘IAL’) was specific to international organisations and the insurance company eventually agreed to instruct experts in IAL to represent the employee in question. Once the formalities had been completed, the employee’s lawyers were able to represent him before the organisation and invoice the insurance company directly. A settlement was eventually reached, and at no stage did the employee have to pay for his legal representation.

This success story is a small step in balancing out the inequality of arms that exists all to often between international organisations and their employees. International Civil Servants are advised to examine the terms and conditions of their household insurance to check if it covers legal expenses for their employment disputes. They should also be aware that being insured does not mean that they have to accept any lawyer provided by the insurers, who will often not have the expertise required to represent them effectively.

Aug 08
0

Immunity for Crimes Committed by African Heads of State

By | Corruption, Human Rights, News, Rule of Law, Uncategorized | No Comments

The BWL Rule of Law Team notes with ever increasing concern that at its Assembly in late June 2014 in Malabo, Equatorial Guinea, the African Union (“AU”) adopted the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (“the Second Protocol”) and called upon its member states to sign and ratify the treaty “as expeditiously as possible so as to enable [it] to enter into force.” [Click to see a copy of the relevant AU Decision] Readers will recall that the First Protocol for the establishment of the African Court of Justice and Human Rights (“the ACJHR”) was adopted by the AU in Sharm El-Sheikh, Egypt on 1st July 2008.

The ACJHR; the main purpose of which is to function as the principal judicial organ of the AU, is intended to have jurisdiction over both civil and criminal cases, including matters presently within the jurisdiction of the International Criminal Court (“ICC”) in The Hague, such as genocide, war crimes and crimes against humanity. But unlike the ICC, it is intended that the ACJHR will also have jurisdiction over transnational crimes, such as money-laundering, human and drug trafficking, terrorism and piracy. The difficulty is that the ACJHR’s constituent treaty, as adopted and advanced by the AU, contains a clause granting immunity from prosecution to sitting heads of state.

Like many others, members of the BWL Rule of Law Team are troubled by the existence of the immunity, for it undermines fundamentally the Rule of Law principle that ‘no one is above the law’ and that ‘all are accountable to the law,’ including those individuals who represent the State’s guiding mind and will. Lee Marler, the barrister who leads the BWL Rule of Law Team, is quoted as saying that “one cannot help but wonder whether the suggested immunity from ACJHR prosecution for African Heads of State – which is indefensible – is as a result of the ICC’s indictments of Sudan’s Omar al-Bashir and Kenya’s Uhuru Kenyatta.” Neil Macaulay, another senior member of the BWL Team, sees the merits of establishing the ACJHR, despite the overlapping jurisdiction of the ICC, but “is concerned that the existence of the immunity from prosecution will undermine from the very outset the Court’s credibility and may put international funding of the Court at risk.”

Steps to establish the ACJHR will not take place until 15 AU states have ratified the Court’s treaty. Until such time as the Court has the ability to prosecute all those responsible for atrocities and crimes within Africa, it is to be hoped that AU States will respect the Rule of Law and resist the AU’s call to ratify the treaty in its presently flawed state.

Aug 06
0

ONE-ON-ONE: Fraud Investigations by Multilateral Development Banks

By | Multilateral Development Banks, News, Uncategorized | No Comments

Lee Marler as featured in Risk and Compliance Magazine (JUL-SEP 2014):

Lee Marler is a barrister and Joint Head of Chambers at Bretton Woods Law and is a former Director of Operations at the World Bank Integrity Vice-Presidency. He has appeared before the Sanctions Board and has brokered Negotiated Resolution Agreements with the World Bank, immunity arrangements with the Asian Development Bank and is counsel to the African Development Bank’s Integrity and Anti-Corruption Department.

RC: Could you provide a brief overview of multilateral development bank (MDB)-financing? What trends and developments have you seen in recent years?

Marler: The MDBs, namely, the World Bank, the African Development Bank, the Asian Development Bank, the European Bank for Reconstruction and Development and the Inter-American Development Bank, provide billions of dollars each year in loans and donor funding to less-developed countries. International development companies worldwide, which provide numerous and diverse services, are able to compete for and bid on MDB-funded projects. Once the contract is awarded, the winning bidder is responsible for fulfilling the obligations under the MDB financed contract, which can range from IT systems in hospitals to agriculture projects and online tax systems for a developing country’s revenue department. But with this funding comes responsibility, and the MDB community is increasingly seeking to use its influence in the global anti-corruption fight. As such, companies that benefit from MDB funding effectively submit to their investigative jurisdiction and their ability to sanction for misconduct, such as corruption, fraud, collusion and coercion.

 

RC: To what extent have MDBs developed as major players in the international anti-corruption landscape? How has their role changed over the past 20 years?

Marler: Over the past 20 years, the MDBs have become major players on the international anti-corruption landscape. The power of debarment that these banks wield over contracting parties is such that they must be thought of as distinct jurisdictions in and of themselves. Indeed, the MDBs now run substantial and sophisticated anti-corruption departments that are charged with the responsibility for investigating and punishing allegations of corruption, fraud, coercion and collusion – the sanctionable practices – on bank-financed contracts. Yet these investigative departments – such as the Integrity Vice-Presidency of the World Bank – should not be viewed in isolation, for not only do they interact with each other, they also engage with the law enforcement agencies of their member states and regularly make criminal referrals in respect of matters that they have investigated. Indeed, this is a trend that can be seen with the African Development Bank, which, like the World Bank, now has an established and effective Integrity and Anti-Corruption Department (IACD) that works closely with such agencies as the United States’ SEC.

 

RC: What key features distinguish MDBs as a source of enforcement from more traditional enforcement mechanisms, such as the FCPA and UK Bribery Act? What mechanisms and strategies do MDBs tend to employ?

Marler: Perhaps the most significant difference between the anti-corruption departments of the multilateral development banks and the more traditional enforcement mechanisms is the sheer breadth of conduct that might constitute a sanctionable practice; linked to that is the considerably lower threshold for a finding of wrongdoing. Unlike many national bodies which look to criminal statutes and codes for definitions of offences, the MDBs themselves specify what constitutes a sanctionable practice. Almost without exception, companies that work on MDB-financed contracts completely underestimate the scope of the sanctionable practices and how strictly they are enforced. For example, most people think they understand what fraud is; yet few realise that a misrepresentation as to the qualifications on a consultant’s curriculum vitae, submitted as part of a bid, could be sufficient to render the entire company debarred from bidding on bank-financed contracts. What is more, not only is mens rea or ‘intention’ not required – since the banks take the view that this fraud can be committed recklessly – their standard of proof is substantially lower: there is no search for evidence to satisfy the decision-maker ‘beyond reasonable doubt’, but rather, the balance of probabilities will suffice. For the banks, the question is: is it more likely than not that a sanctionable practice has been committed?

 

RC: What are the potential risks and penalties for firms found guilty of fraudulent and corrupt practices while engaged in MDB-financed projects? What sanctions can MDBs impose?

Marler: To be blunt, the consequences for firms found guilty of sanctionable practices can be catastrophic and for a firm which relies on MDB-financed contracts, debarment by one MDB and cross-debarment by the others can spell the end of the company.The sanctions which may be imposed singly or in combination include, but are not limited to: debarment for a specified minimum period; debarment with conditional release or reinstatement; indefinite debarment; conditional non-debarment; letter of reprimand; and restitution or financial remedy. However, the stigma and reputational risk of debarment should not be underestimated, nor should the mischief that competitors can make out of such a sanction, to companies’ detriment. The periods of debarments handed down by the banks can run into years and it is likely that a company will then find its work in other areas under close scrutiny. Companies debarred and cross-debarred by the MDBs often see national aid agencies, such as DFID or USAID, walking away from them and refusing to allow them to benefit from projects they are financing.

 

RC: To what extent are MDB practices harmonised internationally? How does this heighten the risk of misconduct?

Marler: There has been a significant harmonisation in recent years of the practices of the anti-corruption departments of the MDBs, first by virtue of the adoption of unified guidelines for the investigation of fraud and corruption and, secondly, through the signing of the Agreement on Mutual Enforcement of Debarment Decisions, which set out the principle of cross-debarment, whereby the MDB community agrees to mutually enforce debarment actions of the other banks. Moreover, the MDBs have harmonised how they hold corporate structures culpable for sanctionable practices committed by, for example, subsidiaries. Recent years have seen the MDBs become much more litigious in protecting the funds they disburse and there has been a significant increase in the levels of cooperation between them. Intelligence sharing is prolific. The consequence is that the prospect of sanctions proceedings by the MDBs should not be underestimated by companies that undertake work on contracts funded by these lending organisations, for the consequences can be catastrophic.

 

RC: How has cross-debarment affected the behaviour of companies alleged to have engaged in corrupt practices?

Marler: Cross-debarment is automatically triggered when a company is debarred by one of the MDBs for a period in excess of a year: the effect is that all of the other MDBs also debar the company concerned in accordance with the decisions of the sanctioning bank. The advent of cross-debarment has upped the stakes considerably for companies that are alleged to have engaged in corrupt practices, since it can, quite literally, spell the end of the company or at very least radically change the way it operates. Companies must therefore be mindful that their conduct in respect of one MDB may impact on their ability to undertake work for another.

 

RC: What is the significance of the settlement mechanisms recently added to the MDB sanction process? What implications does this have for the way investigations will be resolved going forward?

Marler: The settlement mechanisms or ‘Negotiated Resolution Agreements’ (NRAs) within the MDB anti-corruption regime provide companies with the ability to minimise the commercial impact of findings of guilt in respect of santionable practices, whilst also offering them a constructive way to reform so as to prevent repetition of the misconduct in the future. NRAs equate, in effect, to prosecution agreements under which a company cooperates for a reduced sanction. Settlement can quite literally be fundamental to the survival of a company, but the terms can be onerous and it is vital in negotiating such a settlement to use specialist counsel and those with experience in the performance of companies’ obligations under such agreements, for non-compliance can render any agreement null and void. NRAs are likely to involve a review of the company’s books and records by an independent team of investigators, who will inspect the company for further evidence of wrongdoing. The company may benefit from immunity in respect of these, whilst the bank may benefit from essential intelligence.

 

RC: What advice can you offer to firms facing accusations of fraud and corrupt practices related to MDB financing, or of using fraudulent means to obtain MDB financing?

Marler: Just because the accusations are coming from an MDB does not mean that it is not significant or that it will just go away: the burden of proof within the MDB community is low and their reach considerable. Early action is the key to influencing the course of events and is much more likely to lead to settlement. The MDBs’ sanctions regimes are particularly esoteric and complex, so do not expect the lawyer who does your day-to-day business to be able to competently navigate the process: it is an area that requires the guidance of specialist counsel. Defending a company accused by the MDBs of engaging in sanctionable practices on MDB-financed contracts is not the same as representing a company charged by the SFO of DOJ. Different rules and considerations apply. Experience suggests that a failure to instruct experts all too often has the effect of doing more harm than good, so that when specialists are instructed further down the line, their effectiveness is hindered.

 

…ENDS

View printed article >

Nov 26
0

Bretton Woods Law’s unique Global Approach to an International Practice

By | Administrative Law, Centre of Excellence, IAL, IAL Seminars, International Administrative Law, Multilateral Development Banks, News | No Comments

Law firms and barristers chambers often claim that they practise throughout the world and describe their work as international; but what does it mean to have a truly international practice? For the lawyers at Bretton Woods Law, an international practice means exactly that: practising in different countries, in different languages, with people of different nationalities and cultures, and within different international organisations. Since its birth in spring 2012, BWL has set itself apart from other law firms and barristers chambers by living up to its ever growing reputation as an established team of preeminent international law specialists with a truly global reach. BWL’s international practice manifests itself in the following ways:

 

1. International anti-corruption practice: investigations into alleged sanctionable practices in development projects worldwide

In the last 18 months, the lawyers at BWL have undertaken investigations into World Bank and Asian Development Bank (ADB) funded projects carried out in Tanzania, Zimbabwe, Sierra Leone, Southern Sudan, Afghanistan, Kyrgyz Republic, Mongolia, Cambodia, Vietnam, Ukraine, Kosovo and Sri Lanka. They have worked directly with the World Bank’s Integrity Vice-Presidency (INT) and the ADB’s Office of Anticorruption and Integrity (OAI), and have established themselves as experts in this specialist field. Members of Bretton Woods Law are also currently instructed by the African Development Bank’s (AfDB) Integrity and Anti-corruption Department (IACD) and have workings with the Global Fund’s Office of the Inspector General.

 

2. International organisations and their internal justice systems

The lawyers at BWL currently operate in seventeen international organisations, based in nine countries and spread over four continents. Their work is varied and they currently act for:

  • the staff associations, councils and unions of the European Bank for Reconstruction and Development (EBRD), the Inter-American Development Bank (IDB), the Pan American Health Organisation (PAHO), the European Patent Office (EPO);
  • individual international civil servants and board members at the International Criminal Court (ICC), the International Maritime Organisation (IMO), the International Oil Pollution Compensation Funds (IOPC) the Commonwealth Foundation, the United Nations Development Programme (UNDP), the International Coffee Organization (ICO), the EBRD, the IDB, the PAHO, the EPO and the ADB; and
  • the Commonwealth Secretariat (in relation to cases arising out of grievances within its own internal justice system).

Beyond assistance and representation in the disciplinary boards and the first-tier tribunals such as the Conciliations Committees, the Grievance Committees and the Joint Appeal Boards, the lawyers at BWL also represent clients in the IDB Administrative Tribunal in Washington DC, the EBRD Administrative Tribunal in London, the ADB Administrative Tribunal in Manila and the International Labour Organisation Administrative Tribunal (ILOAT) in Geneva.

 

3. International Alternative Dispute Resolution

Beyond traditional litigation and advocacy within international organisations’ internal justice systems, the lawyers at BWL are experts in international Alternative Dispute Resolution (ADR) and currently represent the Uruguayan, Guyanese, Brazilian, Guatemalan, Bolivian, Nicaraguan, Mexican, Paraguayan, Panamean, Costa Rican and Argentinian Country Offices of a large international organisation in formal mediation proceedings. BWL also has experience of mediations arising out of employment disputes within the EBRD and the Commonwealth Secretariat in London. Through its International Alternative Dispute Resolution Services (iADRs), BWL’s dedicated team ensures it offers known experts in International Organisations Law who are CEDR trained and accredited mediators who have the ability to broker settlement agreements in the most difficult and challenging of circumstances.

 

4. Multilingual lawyers and offices worldwide

Boasting seven specialist lawyers of four different nationalities and diverse backgrounds, who between them practise (written and spoken) in English, French, Spanish and German, BWL has representative offices in all the important seats of international organisations worldwide: London, Geneva, New York City, Washington DC, Tunis and Manila. Members of Chambers have lived and practised in the United Kingdom, Germany, the United States of America, Tunisia, France, Switzerland, East Timor, Papua New Guinea, Belize, Cyprus, the Turks and Caicos Islands, the Netherlands, Australia and the Gaza strip.

By travelling around the globe representing International Civil Servants who face intricate employment issues, the BWL team faces varying approaches, languages and cultures on a daily basis, all of which they takes in their stride. This innate empathy with different nationalities enables them to represent their clients against large international organisations with a very human approach. The same can be said for their work alongside companies who have been accused of fraud, corruption and bribery on projects funded by multilateral development banks (MDBs). Their ability to carry out investigations and research involves dealing with clients, including international organisations and International Financial Institutions (IFIs), from around the world, and their cultural sensitivity and international experience is highly advantageous and benefits clients and colleagues alike.

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