BURA Collection:http://bura.brunel.ac.uk/handle/2438/85942024-03-16T13:08:17Z2024-03-16T13:08:17ZThe Corporate ‘Failure to Prevent’ Principle in the UK Bribery Act 2010: Philosophical Foundations of Economic CrimeKorotana, Shttp://bura.brunel.ac.uk/handle/2438/285362024-03-15T03:00:38Z2024-02-25T00:00:00ZTitle: The Corporate ‘Failure to Prevent’ Principle in the UK Bribery Act 2010: Philosophical Foundations of Economic Crime
Authors: Korotana, S
Abstract: This article discusses the new corporate offence of corporate ‘failure to prevent’ bribery found in section 7(1) of the UK Bribery Act 2010 and the nature of consequential corporate liability. It discusses the nature of corporate vicarious liability, strict liability, and the identification doctrine and identifies the philosophical foundations of the principle of corporate failure to prevent bribery. The philosophical foundation of corporate liability emanating from the principle of the corporate offence is not based on the principles of corporate vicarious liability, strict liability or the identification doctrine. Liability attaches directly to the corporation because the rationale behind the legislation is to eliminate the culture of corporate bribery both domestically and extra-territorially. Section 7(2) affords a corporation a legal defence against its failure to prevent bribery if it can demonstrate that it had implemented adequate procedures to prevent individuals associated with it from undertaking such behaviour.2024-02-25T00:00:00ZEmerging public perceptions of intellectual property in UK mediaBosher, Hayleighhttp://bura.brunel.ac.uk/handle/2438/284982024-03-09T03:00:35Z2024-02-29T00:00:00ZTitle: Emerging public perceptions of intellectual property in UK media
Authors: Bosher, Hayleigh
Abstract: This report provides an initial review into the UK news reporting of Intellectual Property (IP) rights and draws
preliminary considerations on the impact of this media attention on the public perception of IP and rightsholders
decisions in the management of their rights. The initial findings considered copyright, design, patent, and trade
mark issues over five years, and some of the key findings can be summaries as following: [...]
Description: Government report | Full Text URL: https://www.gov.uk/government/publications/emerging-public-perceptions-of-intellectual-property-in-uk-media/emerging-public-perceptions-of-intellectual-property-in-uk-media2024-02-29T00:00:00ZOn corruption in international arbitration: Exploring the topic through the lens of the MOL v. Croatia sagaPraštalo, Bhttp://bura.brunel.ac.uk/handle/2438/284922024-03-09T03:00:38Z2023-12-20T00:00:00ZTitle: On corruption in international arbitration: Exploring the topic through the lens of the MOL v. Croatia saga
Authors: Praštalo, B
Abstract: With the MOL v. Croatia arbitration saga finally concluding in 2022, an opportunity has arisen to revisit the topic of corruption which to this day remains rather divisive. The two arbitral proceedings that involved MOL and Croatia had at their core the allegation of corruption, namely that two contractual arrangements between the two parties had been procured by MOL bribing the then Croatian Prime Minister Ivo Sanader. Besides the two arbitral proceedings, criminal proceedings were initiated in Croatia that culminated in guilty verdicts for Ivo Sanader as well as the Chairman-CEO of MOL Zsolt Hernádi. This article starts by discussing the importance of adequately addressing corruption in international arbitration. To this end, the argument is put forth that, to the extent possible, arbitral tribunals ought to fine- tune their procedures in order to minimise the possibility of upholding a transaction or an arrangement that is plagued by corruption. Next, the article turns to the MOL V. Croatia saga. After providing a summary of the proceedings, the article explores the challenges that permeated Croatia’s attempts to prove its allegation. The article concludes with the observation that the tribunals could have conducted the arbitral proceedings differently in recognition of the difficulties that arise in proving allegations of corruption as well as the negative impact that corruption exerts beyond the parties to the dispute.2023-12-20T00:00:00ZFitting the Digital Markets Act in the existing legal framework: the myth of the “without prejudice” clauseBania, Khttp://bura.brunel.ac.uk/handle/2438/284472024-03-02T03:00:43Z2022-12-15T00:00:00ZTitle: Fitting the Digital Markets Act in the existing legal framework: the myth of the “without prejudice” clause
Authors: Bania, K
Abstract: The Digital Markets Act (DMA), an EU Regulation establishing obligations for gatekeeper platforms in order to protect fairness and contestability in digital markets, will soon start to apply. In addition to the DMA, other (EU and national) instruments regulate platform conduct. Though the DMA explicitly provides that it will apply without prejudice to those other instruments, it is doubted whether it will merely complement them. In certain cases, the DMA may qualify as lex specialis, thereby prevailing over other regulations. In other cases, based on the principle of supremacy, the DMA may override national instruments that pursue legitimate interests other than fairness and contestability. There may also be occasions where the DMA may render certain tools devoid of purpose when this was not the intention of the legislator. In all the above cases, the DMA would not complement (but could possibly endanger) the effectiveness of the existing regime. Given the avalanche of legislative proposals for platforms, addressing potential conflicts between the DMA and other rules is essential to protect legal certainty and to ensure that the regulatory regime that governs harmful platform conduct reaches its full potential.2022-12-15T00:00:00Z