2005, Contract and Corruption - Public Procurement Central

The 3 revolutions of public procurement in Africa

Open Contracting Partnership

NOVEMBER 7, 2023

These included ongoing issues such as poor institutional coordination, lack of transparency, high levels of corruption, and murky lines of accountability. The key features of the first generation reforms that took place between 2000-2005 addressed aspects of legislation, centralization and independence, and professionalization.

Public Procurement

Public Procurement Procurement E-procurement Transparency

What the Full Federal Court of Australia Decided, and Did Not Decide, in Republic of India v CCDM Holdings [2025] FCAFC 2

Kluwer Arbitration

APRIL 6, 2025

In 2005, a subsidiary of the Investors entered into an agreement with Antrix Corporation Ltd (Antrix), a corporation wholly owned by India, for the lease of space segment capacity on two Indian satellites that were yet to be built. This threshold issue concerning the scope of the New York Convention was not resolved by the appeal.

Thresholds

Thresholds Capacity Contract IT

Mongolia: Investment Related Developments in the Mining Sector

Kluwer Arbitration

MARCH 25, 2024

Mongolia was an ICSID arbitration under the Italy-Mongolia BIT and the ECT involving a dispute over works to be performed under a contract for the refurbishment of a thermal electric station. Between 2005 and 2011, Mongolia experienced a substantial increase in foreign direct investment (“FDI”), surging from $187.6 Alstom Power v.

Transparency

Transparency Negotiation Price Export

2023 Copenhagen Arbitration Day Recap: The Future of Arbitration

Kluwer Arbitration

DECEMBER 22, 2023

He drew a thread from the first arbitration law in Denmark under Christian V in 1683 to a bill on arbitration in 1972 to the enactment of the 2005 Danish Arbitration Act based on the 1985 UNCITRAL Model Law on International Commercial Arbitration. 13(4) and 16(4)).

Thresholds

Thresholds Corruption Import Management

Much Ado About Nothing? – Advocating for Legality Clauses instead of ESG and CSR Investor Obligations in International Investment Agreements

Kluwer Arbitration

JANUARY 29, 2024

18 IISD Model 2005 ). 11-18 IISD Model 2005 ). Absent these domestic mechanisms, when an investor initiates arbitration, the Contracting State might engage in a witch hunt and launch investigations to discover investor non-compliance purely to also claim damages. a IISD Model 2005 ). 1 Netherlands Model BIT 2019 ).

Sustainability

Sustainability Impact Assessment Thresholds Contract

AB 1903: A Much-Needed Update to California’s International Commercial Arbitration Landscape

Kluwer Arbitration

APRIL 4, 2025

The revised Article 7 was intended to modernize the form required for an arbitration agreement to better meet the demands of prevailing international contract practices, and the newly introduced chapter IV A established a more comprehensive legal regime dealing with interim measures. AB 1903 adopts both changes.

Electronics

Electronics Telecommunication Data Utilities

An Australian Maritime Dispute in London: Can the Hague-Visby Rules Render an Arbitration Agreement Null and Void?

Kluwer Arbitration

MAY 2, 2024

Pursuant to section 10 (1)(b)(ii) of the Carriage of Goods by Sea Act 1991 , the Australian Hague Rules apply to a contract of carriage of goods by sea from a port in Australia to another port in Australia. While US courts have held that Article 3(2) imposes a non-delegable duty on the carrier, UK courts have reached the opposite conclusion.

Balance

Balance Manufacturing Corruption IT

Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)

Kluwer Arbitration

DECEMBER 26, 2023

The Malaysian Arbitration Act 2005 (“the Act”) was previously amended in 2018, aligning it with the revisions of the UNCITRAL Model Law and the evolving practices of leading arbitration jurisdictions. In practice, our i-Arbitration model clause is integrated into many domestic and international contracts.

Influencing

Influencing Efficiency Leadership Innovation

Governing Law of Arbitration Agreements Arising From Standing Offers to Arbitrate in Treaties and Foreign Legislation: The Exception to the Default Rule Under the English Arbitration Bill

Kluwer Arbitration

OCTOBER 10, 2024

For these purposes, an express agreement that a particular law would govern the main contract (within which the arbitration agreement was contained) was not an agreement that this law should also apply to the arbitration agreement itself. The re-introduced Arbitration Bill now contains a carve-out to the Default Rule.

Government

Government Government Contract Corruption

B v C: Qatar International Court’s First Decision On A Set-Aside Application

Kluwer Arbitration

JULY 18, 2024

On 5 May 2024, the Civil and Commercial Court of the Qatar Financial Centre (“Court”), rendered its judgment in B v C on a setting aside application brought under the QFC Arbitration Regulations 2005 (“QFC Arbitration Regulations”). Since the creation of the Court in 2009 (through an amendment in Law No.

Consulting

Consulting Import Accountability IT

2019 Hague Convention: On UK Accession and the Convention’s Interplay with International Arbitration

Kluwer Arbitration

SEPTEMBER 2, 2024

Consequently, the HCCH’s ambition had to be curtailed, so the HCCH temporarily settled for adopting the Convention of 30 June 2005 on Choice of Court Agreements (“Choice of Court Convention”). However, the endeavour proved rather unsuccessful initially due to a lack of consensus on an array of divisive issues.

Contract

Contract IT Import Capacity

An End to the Taisei Saga in Pakistan

Kluwer Arbitration

JUNE 25, 2024

By virtue of Section 1(4) of the 2011 Act, the law applies retrospectively to foreign awards made from and after July 14, 2005, the date when Pakistan ratified the New York Convention 1958 through a Presidential ordinance.

Efficiency

Efficiency Corruption IT Government

Vietnamese Courts’ Perspectives on the Jurisdictional Effects of Non-Compliance with a Tiered Clause – Viewed through the Lens of the Hong Kong Appellate Courts’ Decisions in C v D

Kluwer Arbitration

DECEMBER 22, 2023

” 1) Jan Paulsson, “Jurisdiction and Admissibility,” Global Reflections on International Law, Commerce and Dispute Resolution, ICC Publishing, Publication 693, November 2005, at 603. Additionally, contracting parties should also take special care when drafting arbitration clauses. The dispute in Decision No.

Negotiation

Negotiation Contract Corruption IT

English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions

Kluwer Arbitration

MARCH 20, 2024

The decision will also be of interest to insurers, banks and any other third parties who deal with contractual rights arising under an English law contract containing a prohibition on assignment. He went on to note that “[h]ad [the transfer] been made under […] the insurance contract, the position might well have been different.

Insurance

Insurance Contract Import Thresholds

Stamp of Approval: The Indian Supreme Court Says Yes to Arbitration

Kluwer Arbitration

FEBRUARY 5, 2024

The issue before the Indian Supreme Court was whether the non-payment of stamp duty in a contract renders the arbitration agreement contained in the underlying contract unenforceable. 2005) 8 SCC 618] and National Insurance Co. Indo Unique Flame Ltd. and Ors. (“ NN Global ”) covered in a previous blog post here.

Import

Import Balance Contract Insurance

Violations of Competition Law as Grounds for Setting Aside Arbitral Awards: Lessons from the Paris Court of Appeal in GBO v. CAI

Kluwer Arbitration

JUNE 11, 2024

VR Van Raalte Reclame , 2005). Those restrictions potentially imposed on the contracting party may result in legal claims/counterclaims and might put the victim in a stronger bargaining position in settlement negotiations during or after arbitration proceedings. This has been the case in Germany ( KZB 75/21 , 2022), Sweden ( GE v.

Distribution

Distribution Price Negotiation Manufacturing

Limits on Enforcing Awards Against Third-Party Alter Egos in Canada: The Court of Appeal of Quebec Weighs In

Kluwer Arbitration

OCTOBER 26, 2023

The dispute concerns a 2005 contract for satellite spectrum capacity and satellite-broadcast wireless access services. The parties to the contract were the respondent, Devas Multimedia Services (“ Devas ”), and Antrix Corporation Limited (“ Antrix ”), an Indian state-owned entity. The tribunal issued two awards. III of the NYC.

Insurance

Insurance Government Government IT

The Law Governing the Effects of Insolvency in Arbitration: Is UNCITRAL Getting it Wrong? – Part II

Kluwer Arbitration

NOVEMBER 25, 2024

According to Article II NYC, the courts of the Contracting States shall refer parties to arbitration if the dispute concerns “a matter capable of settlement by arbitration” (Article II.1) Article II NYC When a court has to decide on the enforcement of an arbitration agreement, Article II NYC applies.

IT

IT Government Government Capacity

Yet Another Chapter in the Micula Saga: The EU General Court Confirms the Qualification of the Micula Award as State Aid

Kluwer Arbitration

NOVEMBER 13, 2024

In 2005, Romania repealed the tax incentives scheme in order to align its legislation with the acquis communautaire in the context of the negotiations for its accession to the EU. The Court added that, despite its multilateral nature, the ICSID Convention essentially governs bilateral relationships between contracting parties.

Negotiation

Negotiation Corruption IT Accountability

Enforcement of Foreign Awards, the India-UAE BIT, and International Law

Kluwer Arbitration

FEBRUARY 20, 2025

In addition to the seat of arbitration being a Contracting State under the NYC, Section 44(b) stipulates one more condition, namely that the Indian Central Government must specifically notify the seat as a reciprocating territory. South Africa had acceded to the NYC in 1976, and the Courts decision was issued almost 29 years later, in 2005.

Contract

Contract IT Corruption Accountability

ITA Americas Initiative Hosts Innovative Forum on Latin American Arbitration in New York

Kluwer Arbitration

NOVEMBER 18, 2024

Increased use of local laws and seats, even in international contracts. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

Innovation

Innovation Participation Influencing Negotiation

KluwerArbitration ITA Arbitration Report, Volume No. XXIII, Issue No. 1 (January 2025)

Kluwer Arbitration

FEBRUARY 22, 2025

2024:36, 07 June 2024 Anna-Maria Tamminen & Viktor Saavola, Hannes Snellman Attorneys, ITA Reporters for Finland The Supreme Court evaluated the enforceability of an arbitration clause included in the employment contract between a football coach and an athletic club. S2022/592, Decision No. Socits Opportunity et autres v.

Participation

Participation IT Corruption Evaluation

Public Procurement Central

The 3 revolutions of public procurement in Africa

What the Full Federal Court of Australia Decided, and Did Not Decide, in Republic of India v CCDM Holdings [2025] FCAFC 2

Trending Sources

Mongolia: Investment Related Developments in the Mining Sector

2023 Copenhagen Arbitration Day Recap: The Future of Arbitration

Much Ado About Nothing? – Advocating for Legality Clauses instead of ESG and CSR Investor Obligations in International Investment Agreements

AB 1903: A Much-Needed Update to California’s International Commercial Arbitration Landscape

An Australian Maritime Dispute in London: Can the Hague-Visby Rules Render an Arbitration Agreement Null and Void?

Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)

Governing Law of Arbitration Agreements Arising From Standing Offers to Arbitrate in Treaties and Foreign Legislation: The Exception to the Default Rule Under the English Arbitration Bill

B v C: Qatar International Court’s First Decision On A Set-Aside Application

2019 Hague Convention: On UK Accession and the Convention’s Interplay with International Arbitration

An End to the Taisei Saga in Pakistan

Vietnamese Courts’ Perspectives on the Jurisdictional Effects of Non-Compliance with a Tiered Clause – Viewed through the Lens of the Hong Kong Appellate Courts’ Decisions in C v D

English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions

Stamp of Approval: The Indian Supreme Court Says Yes to Arbitration

Violations of Competition Law as Grounds for Setting Aside Arbitral Awards: Lessons from the Paris Court of Appeal in GBO v. CAI

Limits on Enforcing Awards Against Third-Party Alter Egos in Canada: The Court of Appeal of Quebec Weighs In

The Law Governing the Effects of Insolvency in Arbitration: Is UNCITRAL Getting it Wrong? – Part II

Yet Another Chapter in the Micula Saga: The EU General Court Confirms the Qualification of the Micula Award as State Aid

Enforcement of Foreign Awards, the India-UAE BIT, and International Law

ITA Americas Initiative Hosts Innovative Forum on Latin American Arbitration in New York

KluwerArbitration ITA Arbitration Report, Volume No. XXIII, Issue No. 1 (January 2025)

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