2008 and Corruption - Public Procurement Central

Worley International Services v. Ecuador: The What, When and How in Corruption Allegations

Kluwer Arbitration

APRIL 2, 2024

On its part, the Respondent raised several objections to the jurisdiction of the Tribunal, specifically pointing to several instances of corrupt and illegal acts allegedly committed by Worley at the making and during the operation of the investment. Worley may have willfully failed to monitor and investigate Tecnazul’s corrupt activities.

Corruption

Corruption Bidding Balance Public Procurement

Kluwer Arbitration Blog: Celebrating 15 Years!

Kluwer Arbitration

JANUARY 27, 2024

Roger: The idea of the blog began with a series of conversations between Gwen and Roger in the summer of 2008. 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

Corruption

Corruption Quality Data Participation

I Know the Witnesses and I Will Believe Them; There is No Need for Cross-Examination: A Rare Example of Arbitrator Bias Before English Courts

Kluwer Arbitration

JUNE 9, 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 The views expressed in this post are the author’s own.

Insurance

Insurance Influencing Import Balance

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. And despite the reforms aimed at improving accountability, perceptions of corruption in public procurement remained high.

Public Procurement

Public Procurement Procurement E-procurement Transparency

Interviews with Our Editors: South Africa in the Spotlight with Svetlana Vasileva-Stratenwerth, Secretary General at the Arbitration Foundation of Southern Africa (AFSA) International

Kluwer Arbitration

JANUARY 11, 2024

In 2008, my career trajectory shifted towards the international dimension, culminating in 2012 when I joined Victoria Law Firm in Seychelles. In 1997, I was admitted to the Bulgarian Bar, where my legal practice was predominantly centered around commercial law and privatisation. Past interviews are available here.

Efficiency

Efficiency Quality Demand Collaboration

Kluwer Arbitration ITA Arbitration Report, Volume No. XXII, Issue No. 5 (May 2023)

Kluwer Arbitration

JULY 26, 2024

(‘Ecopetrol’), the national oil company of Colombia, seeking a declaration with respect to certain indemnification terms under a Share Purchase Agreement entered into in 2008 (the ‘2008 SPA’). For the above reasons, the Court decided to grant Forbes IP the anti-suit injunction against the Mexico Injunction.

Insurance

Insurance Thresholds Media Contract

Is the City of Lights Losing Its Allure? Highlights from the Paris Arbitration Breakfast Conference on the Seat of Arbitration

Kluwer Arbitration

DECEMBER 18, 2023

The keynote address also offered insights into ICC case statistics, revealing Paris as the consistent top choice throughout the years, 2008-2022, except for two instances in 2019 and 2021 when London briefly took the lead.

IT

IT Corruption Import Thresholds

Expansion and Regulation on the Horizon for Third-Party Funding in Ireland and the EU

Kluwer Arbitration

MAY 29, 2024

In Spain, there is no restriction on third-party funding or success fees which are freely allowed, further to a Supreme Court decision in 2008. In Germany, third-party funding is permitted but success fees are prohibited subject to limited exceptions involving low-value claims. Conversely, other states provide no legislative framework at all.

Corruption

Corruption Transparency Demand IT

Smart Public Procurement for Better Public Spending in Latin America and the Caribbean

Inter-American Development Bank

OCTOBER 31, 2024

In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. This continuous data flow strengthens public trust by minimizing corruption risks and reaffirming a commitment to transparency. Waste broadly refers to suboptimal decision-making in the allocation of public resources.

Public Procurement

Public Procurement Procurement Strategic Planning Balance

Separability of Arbitration Clauses: A Perspective From Dubai

Kluwer Arbitration

NOVEMBER 20, 2023

164/2008 (Civil) as well as in Dubai Court of Cassation No. 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 € 190 167/2002 (Rights).

Contract

Contract IT Corruption

Brazilian Bill No. 2.925 of 2023: The Publicity of Class Arbitrations involving Corporations, its Investors, Officers and Major Stakeholders

Kluwer Arbitration

JANUARY 10, 2024

RJ 2008/0713 , the CVM has established that the confidentiality of arbitration proceedings does not jeopardize the investors’ right to be informed nor transparency, as it does not hamper the duty of the joint-stock companies to provide information to the market and its investors in accordance with CVM’s regulations.

IT

IT Transparency Balance Corruption

CJEU’s Decision in International Skating Union v. European Commission: Its Manageable Consequences for International Arbitration

Kluwer Arbitration

APRIL 9, 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 € 190 267 TFEU whereby the CJEU provides authoritative advisory opinions on EU law.

IT

IT Management Participation Negotiation

How Many Bites of the Same Cherry Does It Take to Overturn an Arbitration Award? Unpacking the Indian Supreme Court’s Decision in Delhi Metro Rail Corporation v. Delhi Airport Metro Express Pvt. Ltd

Kluwer Arbitration

JULY 9, 2024

Factual Background of the Dispute In 2008, DMRC and DAMEPL entered into a concession agreement to build and operate a high-speed metro line. This final decision (“Final Judgment”) by the Supreme Court signifies a rare and substantial shift in its approach to reviewing awards and interpreting the A&C Act.

IT

IT Corruption Efficiency Engineering

Evolution of the EU Arbitration Law: From Conflict of Laws Rules to Substantive Requirements

Kluwer Arbitration

SEPTEMBER 10, 2024

Regulation (EC) No 593/2008 on the law applicable to contractual obligations (“ Rome I Regulation “), as per its Article 1(2)(e), explicitly does not apply to arbitration agreements. The above is an abbreviated version of an article published in German in the SchiedsVZ | German Arbitration Journal, Vol.

Insurance

Insurance Integration Integrity Corruption

The Withdrawal by the EU and some Member States from the Energy Charter Treaty: International Protection for Energy Investments and Climate Change Related Carve-outs

Kluwer Arbitration

AUGUST 4, 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

Insurance

Insurance Sustainability Negotiation Price

LIDW 2024: Bank Collapse and ISDS: Arbitration Strategy and Dramatis Personae

Kluwer Arbitration

JUNE 7, 2024

Conclusions The global financial system may be systematically more resilient after the 2007/2008 financial crisis. This may bring about the need for engaging regulatory and financial experts that provide their expertise in the arbitration. Yet, this does not prevent banks from defaulting.

Tender

Tender Insurance Influencing Finance

Mind the Gap: A Dutch Example of Interpreting an Ambiguous Arbitration Agreement

Kluwer Arbitration

MAY 13, 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 Instead, it raises fundamental questions regarding the interpretation of the arbitration agreement.

Corruption

Corruption IT Efficiency

For Galakis the Bell Tolls: Is the SMAC v Ryanair Decision the End of Arbitration for Public Entities in France?

Kluwer Arbitration

MARCH 27, 2024

In 2008, the Syndicat mixte des aéroports de Charente (“SMAC”), which manages the Angoulême airport, signed several contracts with Ryanair and its affiliate, Airport Marketing Services (“AMS”), to create three weekly routes between London-Stansted and Angoulême.

Public Private Partnership

Public Private Partnership Public Procurement Contract Transportation

The Swiss Supreme Court Upholds an Intra-EU Award Under the ECT

Kluwer Arbitration

MAY 22, 2024

Facts In 2007 and 2008, Spain adopted a series of measures to encourage investments in renewable energies. 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 Corruption Contract

California International Arbitration Week 2024: The Latest Developments of International Arbitration in China—Focus on Sino-U.S. Commercial Dispute Resolution

Kluwer Arbitration

APRIL 11, 2024

In 2001, the SCIA developed its first arbitration case-management network; in 2008, it created an online commercial dispute resolution platform in cooperation with the Alibaba Group, which was implemented in online marketplaces. Version 1.0 of SMART Arbitration was a stand-alone case management software. Version 2.0

Electronics

Electronics Management Efficiency Networking

New York Arbitration Week 2023 Recap – Highlights from the 18th Annual Fordham Conference on International Arbitration and Mediation

Kluwer Arbitration

DECEMBER 5, 2023

federal court decisions only occurred in 2008 and, even then, was relatively limited in scope. 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

Ethics

Ethics Efficiency Participation Telecommunication

São Paulo Court of Appeals Annuls Arbitral Award for Failure to Issue a Dissenting Vote

Kluwer Arbitration

SEPTEMBER 24, 2023

” (see also: Judgment of 21 May 2008, 2008 SchiedsVZ 195, 196, German Bundesgerichtshof – denying recognition where the award was made by two rather than three arbitrators: Judgment of 27 February 2008, XXXV Y.B 349, Fujian High Ct., – same).)

Participation

Participation Accountability Media Utilities

Interviews with Our Editors: Opening Australian Arbitration Week 2024 with Judith Levine, President of ACICA

Kluwer Arbitration

OCTOBER 13, 2024

It was a dynamic period there—the caseload grew from 17 cases when I started in 2008 to over 150 when I left in 2019. Eventually I was drawn back to The Hague to work at the Permanent Court of Arbitration (“PCA”). This interview is part of Kluwer Arbitration Blog’s “Interviews with Our Editors” series. Past interviews are available here.

Sustainability

Sustainability Quality Import Supply Chain

Interview with Our Editors: In Conversation with Prof. Dr. Stefan Kröll, Co-Director of the Willem C. Vis International Commercial Arbitration Moot

Kluwer Arbitration

SEPTEMBER 23, 2024

In 2008, Prof. 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 When I finally gave up coaching after 7 years I continued to come as arbitrator.

Supply Chain

Supply Chain Supplier Balance Participation

Building Bridges, Resolving Conflicts: Government Construction Contracts and Arbitration in the UAE

Kluwer Arbitration

DECEMBER 25, 2023

1 of 2008, which is based on and recognized by the UNCITRAL Model Law, the DIFC exercises its jurisdiction mainly when it is the seat of arbitration or when the arbitration is seated elsewhere but recognition or enforcement of an award is sought in the DIFC. Through Arbitration Law No.

Government

Government Government Contract Engineering

The Law Applicable To The Effects Of Insolvency In Arbitration: UNCITRAL’s Work In Progress

Kluwer Arbitration

DECEMBER 12, 2023

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 € 190 190 – Applicable law in insolvency proceedings, Default Rule, Draft commentary, par.

Negotiation

Negotiation Capacity Government Government

Check-Mate to ICSID Treaty-Based Arbitration in Ecuador: The Constitutional Court’s Decision on the Ecuador-Costa Rica FTA’s Constitutionality

Kluwer Arbitration

OCTOBER 24, 2023

Despite its authority to deviate from past rulings for cogent reasons, the recent decision by the sitting Court on July 31, 2023 upheld the 2008 interpretation that ISDS provisions in treaties are incompatible with the Constitution. The issue at stake was whether the ISDS Provision in the FTA falls within Art. 422’s prohibition.

Utilities

Utilities Corruption IT Government

The United States’ Non-Disputing Party Practice

Kluwer Arbitration

AUGUST 26, 2024

Canada Decision on Jurisdiction and Admissibility dated July 13, 2018, as well as the Canadian Cattlemen for Fair Trade Award on Jurisdiction dated January 28, 2008). The views expressed here are the author’s own, and do not reflect those of the U.S. government.

Accountability

Accountability Import Corruption IT

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

MAY 22, 2024

ARB/18/13) issued an award under the Canada-Colombia FTA (2008)) (“FTA”). 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

Balance

Balance Impact Assessment Participation IT

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

MAY 24, 2024

ARB/18/13) issued an award under the Canada-Colombia FTA (2008)) (“FTA”). 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

Balance

Balance Impact Assessment Participation IT

Israel Adopts the International Commercial Arbitration Law: Will the Courts Play Along?

Kluwer Arbitration

MARCH 6, 2024

In 2008 , the Arbitration Law was amended by incorporating provisions regarding the supervisory role of courts on arbitral awards, in particular regarding appeal on arbitration awards both before an arbitrator or the court.

Corruption

Corruption IT Government Government

KluwerArbitration ITA Arbitration Report, Volume No. XXII, Issue No. 7 (July 2022)

Kluwer Arbitration

AUGUST 14, 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

Corruption

Corruption Contract Collaboration IT

LIDW 2024: Rule of Law, Regulated Markets and Arbitration

Kluwer Arbitration

JUNE 8, 2024

Finance (right after the 2008 global financial crisis), to help resolving issues concerning complex financial products. The panel then shifted to the complex issues of banking and financial services disputes, with Camilla Macpherson (P.R.I.M.E. Finance) discussing the importance of the creation of an institution such as P.R.I.M.E.

Finance

Finance Import Corruption Transparency

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

Kluwer Arbitration

NOVEMBER 25, 2024

With the exception of capacity (as illustrated in Vivendi v Elektrim , Swiss Federal Tribunal, 4A_428/2008, 31 March 2009), none of these applicable laws will ordinarily point toward the lex fori concursus.

IT

IT Government Government Capacity

Enforcing Intra-EU Investment Arbitration Awards in the U.S.: Jurisdiction Affirmed, But Final Decision Deferred to District Courts

Kluwer Arbitration

NOVEMBER 26, 2024

However, after the 2008 financial crisis, Spain retracted its subsidy programs , leading to substantial investor losses. In the early 2000s, Spain introduced incentives to attract investments in renewable energy. Relying on these assurances, investors, including those from the EU, invested significantly in Spanish solar projects.

Balance

Balance Import Corruption IT

End of the Road: German Constitutional Court Closes Achmea Chapter

Kluwer Arbitration

NOVEMBER 11, 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 Slovak Republic (PCA Case No. Following the judgment of the CJEU, the BGH set aside the award in October 2018.

Thresholds

Thresholds IT Corruption Accountability

Worley International Services v. Ecuador: The What, When and How in Corruption Allegations

Kluwer Arbitration Blog: Celebrating 15 Years!

I Know the Witnesses and I Will Believe Them; There is No Need for Cross-Examination: A Rare Example of Arbitrator Bias Before English Courts

The 3 revolutions of public procurement in Africa

Interviews with Our Editors: South Africa in the Spotlight with Svetlana Vasileva-Stratenwerth, Secretary General at the Arbitration Foundation of Southern Africa (AFSA) International

Kluwer Arbitration ITA Arbitration Report, Volume No. XXII, Issue No. 5 (May 2023)

Is the City of Lights Losing Its Allure? Highlights from the Paris Arbitration Breakfast Conference on the Seat of Arbitration

Expansion and Regulation on the Horizon for Third-Party Funding in Ireland and the EU

Smart Public Procurement for Better Public Spending in Latin America and the Caribbean

Separability of Arbitration Clauses: A Perspective From Dubai

Brazilian Bill No. 2.925 of 2023: The Publicity of Class Arbitrations involving Corporations, its Investors, Officers and Major Stakeholders

CJEU’s Decision in International Skating Union v. European Commission: Its Manageable Consequences for International Arbitration

How Many Bites of the Same Cherry Does It Take to Overturn an Arbitration Award? Unpacking the Indian Supreme Court’s Decision in Delhi Metro Rail Corporation v. Delhi Airport Metro Express Pvt. Ltd

Evolution of the EU Arbitration Law: From Conflict of Laws Rules to Substantive Requirements

The Withdrawal by the EU and some Member States from the Energy Charter Treaty: International Protection for Energy Investments and Climate Change Related Carve-outs

LIDW 2024: Bank Collapse and ISDS: Arbitration Strategy and Dramatis Personae

Mind the Gap: A Dutch Example of Interpreting an Ambiguous Arbitration Agreement

For Galakis the Bell Tolls: Is the SMAC v Ryanair Decision the End of Arbitration for Public Entities in France?

The Swiss Supreme Court Upholds an Intra-EU Award Under the ECT

California International Arbitration Week 2024: The Latest Developments of International Arbitration in China—Focus on Sino-U.S. Commercial Dispute Resolution

New York Arbitration Week 2023 Recap – Highlights from the 18th Annual Fordham Conference on International Arbitration and Mediation

São Paulo Court of Appeals Annuls Arbitral Award for Failure to Issue a Dissenting Vote

Interviews with Our Editors: Opening Australian Arbitration Week 2024 with Judith Levine, President of ACICA

Interview with Our Editors: In Conversation with Prof. Dr. Stefan Kröll, Co-Director of the Willem C. Vis International Commercial Arbitration Moot

Building Bridges, Resolving Conflicts: Government Construction Contracts and Arbitration in the UAE

The Law Applicable To The Effects Of Insolvency In Arbitration: UNCITRAL’s Work In Progress

Check-Mate to ICSID Treaty-Based Arbitration in Ecuador: The Constitutional Court’s Decision on the Ecuador-Costa Rica FTA’s Constitutionality

The United States’ Non-Disputing Party Practice

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Israel Adopts the International Commercial Arbitration Law: Will the Courts Play Along?

KluwerArbitration ITA Arbitration Report, Volume No. XXII, Issue No. 7 (July 2022)

LIDW 2024: Rule of Law, Regulated Markets and Arbitration

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

Enforcing Intra-EU Investment Arbitration Awards in the U.S.: Jurisdiction Affirmed, But Final Decision Deferred to District Courts

End of the Road: German Constitutional Court Closes Achmea Chapter

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