By Virginia Rylatt

Under Section 7(2) of the Act it is a defence for a relevant commercial organisation (i.e. one incorporated in the UK or carrying on business in the UK) to prove it had in place adequate procedures designed to prevent persons associated with it from bribing another person intending to obtain or retain business for the company or to obtain or retain an advantage in the conduct of the business for the company. Section 9 of the Act requires the Minister to issue Guidance as to what are adequate procedures. 

By Francis Chubb

If you are thinking of making an investment in another country, you will naturally want to know what can be done if something goes wrong.  What happens if, for example, your investment is nationalised? Or, what remedies do you have if the tax structure changes in the country in which you are operating, making your investment uncommercial? It is possible in such circumstances that the redress available locally will not be sufficient, or even be able to consider the losses concerned.