2005 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

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.

Thresholds

Thresholds Corruption Import Management

The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

Kluwer Arbitration

DECEMBER 28, 2023

Subsequently, the Consorzio v Algeria (2005) tribunal (Gaillard being a member) adopted Gaillard’s view on umbrella clause. This argument was rejected in both cases. Wearing a second hat as an author of an article, Gaillard strongly criticised the SGS II approach.

Thresholds

Thresholds Influencing Corruption IT

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

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

Kluwer Arbitration

MAY 2, 2024

In Jindal Iron and Steel Co Ltd v Islamic Solidarity Shipping Co Jordan Inc [2005] 1 WLR 1363; [2005] 1 All ER 175 (“ Jindal ”), the House of Lords held that the carrier’s obligation to load “properly and carefully” applies only to the extent that the agreement provides for those functions to be performed by the carrier.

Balance

Balance Manufacturing Corruption IT

Glencore v. Bolivia: A Long-Awaited Award Finds Expropriation and FET Breaches by the State

Kluwer Arbitration

MARCH 4, 2024

In early 2005, Swiss company Glencore International acquired the assets and assigned them to Glencore Finance (Bermuda). The Tribunal concluded that a treaty dispute was not foreseeable in 2005. A decision on interpretation and correction of the award followed on 6 November 2023. All three assets had been privatized around 2000.

Finance

Finance IT Capacity Corruption

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. Previously in our blog , there have been discussions concerning whether certain changes should be made to the Malaysian Arbitration Act.

Influencing

Influencing Efficiency Leadership Innovation

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. Here, the term “twilight zone” is used to metaphorically illustrate the distinction between issues of jurisdiction and admissibility.

Negotiation

Negotiation Contract Corruption IT

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

English courts have generally taken the view that the arbitration agreement is governed by international law (see for example Ecuador v Occidental Exploration and Production [2005] EWCA Civ 1116).

Government

Government Government Contract Corruption

Sovereign Immunity and Issue Estoppel: English High Court’s Latest Decision in the Longstanding Yukos v. Russia Enforcement Saga

Kluwer Arbitration

DECEMBER 27, 2023

Brief Background to the Case Much has been written about the Yukos cases since arbitration proceedings were initiated by the Shareholders against Russia in 2005.

Thresholds

Thresholds Corruption IT Procurement

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

Kluwer Arbitration

MARCH 20, 2024

Consistent with the decision in West Tankers Inc v RAS Riunione Adriatica di Sicurta SpA [2005] EWHC 454 (Comm) at [29], it was agreed that English law governed the transferability of MBA’s rights under the sale contract and whether MSI was entitled to bring the claim in its own name. However, the availability of de novo review under s.

Insurance

Insurance Contract Import Thresholds

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

Kluwer Arbitration

FEBRUARY 5, 2024

2005) 8 SCC 618] and National Insurance Co. 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 Patel Engineering Ltd. Boghara Polyfab Pvt.

Import

Import Balance Contract Insurance

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 ). a IISD Model 2005 ). 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

Sustainability

Sustainability Impact Assessment Thresholds Contract

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). 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 This has been the case in Germany ( KZB 75/21 , 2022), Sweden ( GE v.

Distribution

Distribution Price Negotiation Manufacturing

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

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. Though the award creditor sought the Supreme Court of Canada’s input on the issue, the latter dismissed the application for leave to appeal the decision in mid-May of this year. III of the NYC. II and V(1)(a).

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

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

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.

Negotiation

Negotiation Corruption IT Accountability

Mongolia: Investment Related Developments in the Mining Sector

Kluwer Arbitration

MARCH 25, 2024

Between 2005 and 2011, Mongolia experienced a substantial increase in foreign direct investment (“FDI”), surging from $187.6 This history of frequent legislative changes undermined investor confidence in the predictability and stability of Mongolia’s regulatory environment, a key factor behind the cautious outlook adopted by the U.S.

Transparency

Transparency Negotiation Price Export

Paris Court of Appeal Sets Aside ICC Arbitral Award in a USD 15 Billion Dispute Due to the Irregular Constitution of the Arbitral Tribunal

Kluwer Arbitration

OCTOBER 27, 2024

More specifically, the dispute arose out of the conclusion and performance of a settlement agreement signed by the parties on 28 April 2005, which was meant to resolve the parties’ differences relating to their participation in a consortium established in the 1990s. and Telecom Italia Finance S.A. together “Telecom Italia”).

Import

Import Telecommunication Finance Corruption

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

Kluwer Arbitration

NOVEMBER 18, 2024

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

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

Kluwer Arbitration

FEBRUARY 20, 2025

South Africa had acceded to the NYC in 1976, and the Courts decision was issued almost 29 years later, in 2005. 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

Contract

Contract IT Corruption Accountability

Indian Whistleblowers Fight to Preserve Right to Information as Third Modi Term Looms

Whistleblower Network News

JUNE 4, 2024

Mazdoor Kisan Shakti Sangathan (MKSS) facilitated the whistleblowing working group, which organized the National Campaign for People’s Right to Information, resulting in the passage of the RTI Act in 2005. However, RTI users who began performing the role of whistleblower have become the targets of threats by corrupt actors.

Corruption

Corruption Transparency Participation Government

Interviews with Our Editors: In Conversation with Sir David Williams

Kluwer Arbitration

JANUARY 21, 2025

Since 2005, Sir David has been consistently praised as one of the worlds outstanding commercial arbitrators, and in recognition of his outstanding contribution to the development of arbitration law and practice in New Zealand and internationally, was awarded a Knighthood by Queen Elizabeth II in 2017. Past interviews are available here.

Import

Import Capacity Education IT

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

Kluwer Arbitration

FEBRUARY 22, 2025

The court rejected the application, holding that Defendant de facto waived its right to raise objections when it did not timely object to the non-notification promptly but participated in subsequent arbitral procedures. Korea Rail Network Authority v. Samsung Engineering Co.,

Participation

Participation IT Corruption Evaluation

Public Procurement Central

The 3 revolutions of public procurement in Africa

2023 Copenhagen Arbitration Day Recap: The Future of Arbitration

Trending Sources

The Double Hatting Paradox in Investment Arbitration: Justification For Abolition?

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

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

Glencore v. Bolivia: A Long-Awaited Award Finds Expropriation and FET Breaches by the State

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

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

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

Sovereign Immunity and Issue Estoppel: English High Court’s Latest Decision in the Longstanding Yukos v. Russia Enforcement Saga

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

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

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

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

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

Mongolia: Investment Related Developments in the Mining Sector

Paris Court of Appeal Sets Aside ICC Arbitral Award in a USD 15 Billion Dispute Due to the Irregular Constitution of the Arbitral Tribunal

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

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

Indian Whistleblowers Fight to Preserve Right to Information as Third Modi Term Looms

Interviews with Our Editors: In Conversation with Sir David Williams

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

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