Friday, March 12, 2010 | By: CHIMI DORJI

Again guest lecture

Today also we had guest lecture on two different topics, “Government liability” by Prof. Lewis N, Klar from Canada and “Anti-corruption laws” by Dr. Andrew Brady Spalding from U.S. A
Prof. Lewis talked more of tortious liability of government and narrated few Canadian cases where government was sued for negligence in executing the policies and decisions not for negligence in framing of policies. He also compared Canadian tort law and Indian tort law. To this, he said that there is not much difference he could make out and more or less both are on same track for common law in place for both the countries.
Prof. Andrew’s lecture was centered on the FCPA(Foreign Corrupt Practice Act), 1977 and corruption in international business. He briefed on FCPA and consequences of violation of FCPA, how US companies were fined for bribing the foreign companies. He said that companies were fined thrice the profit they received from bribe and owing to which Companies wondered whether their companies would sustain paying this much fine? Companies also left in dilemma whether they can afford to do business with corruption prone countries?
Except few, most trans-national business takes place with under table business, so certainly  with increment of enforcement of FCPA the foreign investment will dwindle in bribery prone countries, said the Prof. Andrew.
FCPA is applicable to only US entities and and non US entities in the territory of the United States.


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