A dispute arose when the World Bank demanded that Unicon Ltd., its contractor, disclose information beyond what had already been provided under the contract and law, exceeding the scope of any audit permissible under the contract. This contract, governed by New York law, clearly stipulated: “The World Bank will: (i) limit the scope of its audit and examination only to the Contract, (ii) not have access to any other information.” Despite these explicit limitations, the World Bank brazenly breached the contract and pursued unlawful demands, compelling Unicon Ltd. to initiate arbitration to seek justice and defend its rights.
The arbitral tribunal constituted under PCA Case No. 2023-69 has, however, delivered an appalling miscarriage of justice, as evidenced by the accompanying documents. The tribunal egregiously failed in its duty to uphold the principles of fairness and impartiality, and its decision reeks of bias and a flagrant disregard for the rule of law. The conduct of the World Bank in this matter demonstrates a blatant willingness to manipulate and corrupt the judicial process to secure a biased and unlawful award. This conduct not only questions the integrity of the World Bank but also undermines the reliability of arbitration as a fair and just means of redress.
At the heart of this dispute lies the interpretation of Article 25.03 of the contract, which unequivocally delineates the audit limits applicable to the World Bank. Despite Unicon’s strict adherence to these terms, the tribunal’s ruling not only disregarded these explicit contractual provisions but also emboldened the World Bank to continue its unlawful conduct. When presented with detailed facts exposing the corrupt nature of the award, the tribunal failed to provide any explanation, revealing a lack of any logical or legal grounding in its decision.
Upon requesting an explanation for Unicon’s purported arbitration loss, the tribunal was unable to articulate a rationale, failing to address Unicon’s legitimate concerns. This absurdity is akin to the tribunal declaring that the earth is flat, illustrating its complete abdication of its duty to provide a reasoned and just decision. The so-called “award” is not merely flawed; it is fundamentally defective, legally untenable, and blatantly prejudiced. It is evident that the tribunal prioritised safeguarding the World Bank’s reputation and interests over delivering a fair and impartial decision.
This outcome is not only damaging to Unicon but sets a dangerous precedent for all contractors engaged with the World Bank. The message conveyed is clear: the World Bank can violate contractual terms with impunity, and the tribunals will turn a blind eye. This represents a serious assault on the integrity of the arbitration process and raises grave doubts about the credibility of any future arbitration involving the World Bank. The willingness of such a powerful institution to subvert judicial proceedings and influence outcomes in its favour is a disturbing abuse of power that undermines the very essence of justice.
The public has a right to know the extent of this injustice. Unicon is determined to expose the misconduct and the World Bank’s unethical tactics. The tribunal’s inability to justify its decision and its refusal to rectify its misconduct is a damning indictment of its failure. It is imperative that the details of this gross miscarriage of justice are brought to light, not only for Unicon’s sake but to prevent such an outrage from happening again. The tribunal’s disgraceful handling of this case, facilitated by the World Bank’s corrupt influence, has irreparably tainted the entire process, and its actions cannot remain hidden.
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World Bank Acknowledging Unicon’s Correct Contract Interpretation:
- Reasonable request for the World Bank to clarify its contract interpretation
- Tacit acknowledgement of Unicon’s correct interpretation
World Bank Acknowledging Unicon’s Innocence:
- Detailed correspondence showing INT’s awareness of Unicon’s innocence
- Unicon’s demand for referral to state law enforcement
- Unicon’s direct referral to Somali state authorities
- Tacit acknowledgement of Unicon’s innocence by the World Bank
Arbitration Documents:
- Evidence of the corrupted nature of the tribunal’s award
- Unanswered requests for the tribunal to address serious concerns, thus acknowledging the award’s corrupted nature
- Unicon’s Submission in Round 1
- World Bank’s Submission in Round 1
- Unicon’s Submission in Round 2
- World Bank’s Submission in Round 2
- Discovery of INT’s false allegations and misleading statements
- Summary Presentation
- Award (PCA Case No. 2023-69, Unicon v. The World Bank)
- Misleading contents of the Award
- Arbitral files and exhibits
Other disclosures:
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Media:
- Article by Global Arbitration Review
- Publication in Jus Mundi
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For further information, contact Rustam Davletkhan
