Open Contracting Partnership

SEPTEMBER 19, 2024

Between 2011 and 2021, single bids doubled, the number of bids halved, and direct awards surged. Data-powered red flags strengthen efforts to fight corruption. Europe’s upcoming Anti-Corruption Directive, with a new focus on prevention, could be a significant mandate to improve procurement data quality.

Procurement 65

Procurement Public Procurement E-procurement Transparency 65

Kluwer Arbitration

MARCH 5, 2024

Advance Technology (HK) Co Ltd [2011] 4 HKLRD 262 (“ Klöckner ”) in which Saunders J had held that the arbitration clause in question did not meet the requirements under its governing law of PRC law. Without this, an agreement is invalid by way of Article 18.

Engineering 105

Engineering Contract Government Government 105

Kluwer Arbitration

AUGUST 27, 2024

The reason for this divergence is that Pakistan already has a law implementing the New York Convention that deals exclusively with foreign-seated arbitrations: the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 (“2011 Act”). If a law achieves those ends, it is a good law.

Contract 52

Contract Innovation Capacity Corruption 52

Kluwer Arbitration

JUNE 4, 2024

This is because arbitrations seated outside of Pakistan are already covered by the Arbitration Agreements and Foreign Arbitral Awards Act 2011 (“Act 2011”), which implements the New York Convention 1958 (“NYC”). A prior KAB post provided in-depth analysis of the essential features of the Draft Law.

Efficiency 52

Efficiency Corruption IT Consulting 52

Kluwer Arbitration

MAY 25, 2024

federal courts between 2011 and 2019. 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 federal courts give effect to awards. forthcoming 2024).

Data 98

Data Insurance Import Corruption 98

Kluwer Arbitration

MAY 30, 2024

However, these judgments arose in the context of enforcement of foreign arbitral awards under a 2011 statute implementing the New York Convention (“2011 Act”). The Bill does not affect the 2011 Act which will continue to apply to foreign awards and arbitration agreements. domestic arbitration).

Corruption 53

Corruption Import IT Government 53

Kluwer Arbitration

DECEMBER 13, 2023

2011); see also Symbion Power v Venco Imtiaz Construction Company [2017] EWHC 348 (TCC) (holding that parties to arbitration have a “ legitimate expectation that arbitral proceedings and awards will be confidential to [them].”). In In re Teligent, Inc., 1) In re Teligent, Inc. , 3d 53 (2d Cir. 3d 53 (2d Cir. ↑ 2 Art. 3d 53 (2d Cir.

Networking 59

Networking Electronics Contract Import 59

Kluwer Arbitration

NOVEMBER 12, 2023

1107-2010, Constitutional Court of Guatemala, Decision of March 15, 2011; No. 878-2010, Constitutional Court of Guatemala, Decision of March 15, 2011; No. 1783-2011, Constitutional Court of Guatemala, Decision of August 18, 2011; No.

IT 52

IT Integrity Integration Corruption 52

Kluwer Arbitration

MARCH 27, 2024

2011-617 of 1 June 2011 ) or the 2024 Olympic and Paralympic Games ( Article 6 of Act 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

Public Private Partnership 52

Public Private Partnership Public Procurement Contract Transportation 52

Kluwer Arbitration

FEBRUARY 17, 2024

Building off this experience, the SIAC Secretariat conducted an empirical study with respect to the performance of SIAC Awards in India from 2011 to 2022. Importantly, no SIAC award was set aside or refused enforcement in India between 2011 and 2022.

Efficiency 52

Efficiency Contract Import Corruption 52

Kluwer Arbitration

JANUARY 23, 2024

The substantial award at issue is of a particularly high value and fraud and corruption elements arise in both the procurement of the underlying contracts and also the awards themselves. These rules replace the previous CRCICA Arbitration Rules 2011. Additional 2023 year in review posts are available here.

Collaboration 52

Collaboration Corruption Import Sustainability 52

Kluwer Arbitration

SEPTEMBER 14, 2024

It had reinstated in late 2022 a policy over 2011-13 of not agreeing to ISDS in new IIAs. 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

Transparency 52

Transparency Government Government Integrity 52

Kluwer Arbitration

SEPTEMBER 26, 2024

Even for disputes that stem from pre-insolvency rights and obligations, arbitration agreements should not be enforced against the liquidator where they affect the substantive rights of other creditors, to protect the policy aims of the insolvency regime ( Larsen Oil and Gas Pte Ltd v Petroprod Ltd [2011] SGCA 21, [45]–[50]).

Participation 52

Participation Negotiation Import Corruption 52

Kluwer Arbitration

OCTOBER 13, 2024

Energy and resources disputes have generated the highest total value of claims by sector since 2011. Almost 30% of energy-related matters that ACICA has handled since 2011 have involved solar or wind energy. It is also the sector that regularly entrusts ACICA with high value disputes. In 2024, this figure is at 60%.

Sustainability 52

Sustainability Quality Import Supply Chain 52

Kluwer Arbitration

MAY 2, 2024

The previous ones referred to a preliminary measure (2010) and to an annulled arbitral award (2011). In both arbitrations, Lima responded by arguing among other things that the Concession Contract and its modifications were void due to corruption. 19,971 in 2004 that the Supreme Court of Chile has denied an exequatur. 730, Pourvoi No.

Transportation 52

Transportation Transportation Corruption IT 52

Kluwer Arbitration

MARCH 24, 2024

Spanish regional High Courts of Justice ( Tribunales Superiores de Justicia ) have heard applications to annul awards since the 2011 amendment to the Spanish Arbitration Law (“SAL”). The pro-arbitration approach shown by Spanish courts should serve to reassure international arbitration users when choosing a Spanish seat.

Thresholds 52

Thresholds Corruption IT 52

Kluwer Arbitration

OCTOBER 10, 2023

However, the case of Larkden Pty Limited v Lloyd Energy Systems Pty Limited [2011] NSWSC 268 has provided a level of some confidence that certain IP disputes are arbitrable in Australia. The position in Hong Kong, by contrast, is clearer as a consequence of the Cap. More coverage from Australian Arbitration Week is available here.

Distribution 52

Distribution Efficiency Utilities Corruption 52

Kluwer Arbitration

MARCH 13, 2024

Revamped Rules Issued by the Cairo Regional Centre for International Commercial Arbitration (“CRCICA”) Last updated in 2011, the CRCICA recently revamped its rules which came into force on 15 January 2024.

Efficiency 52

Efficiency IT Corruption Transparency 52

Kluwer Arbitration

OCTOBER 25, 2024

Since 2011, SIAC has administered over 1,400 cases involving Indian parties, with disputes exceeding SGD 20 billion. The second day of the Conference, in New Delhi, began with an Opening Address by Gloria Lim (CEO at SIAC), who highlighted how India had been a key partner in SIAC’s journey.

Ethics 52

Ethics Efficiency Import Export 52

Kluwer Arbitration

SEPTEMBER 22, 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

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

SEPTEMBER 16, 2024

Factual Background The arbitration was initiated in 2012 by HSBC PI Holdings (Mauritius) Limited (“ HSBC ”) against Avitel Post Studioz Limited (“ Avitel ”) and its founder and directors under a Share Subscription Agreement executed in April 2011 (“ SSA ”). Under the SSA, HSBC had invested USD 60 million in Avitel to acquire 7.8%

Thresholds 52

Thresholds IT Corruption Sustainability 52

Kluwer Arbitration

SEPTEMBER 15, 2024

The parties agreed to refer a question of law to the Supreme Court of South Australia on whether those proportionate liability statutes applied to a commercial arbitration under the Commercial Arbitration Act 2011 (South Australia) (“SA CAA”) ( a statute largely mirroring the Model Law ).

Import 52

Import Tender Integrity Integration 52

Kluwer Arbitration

SEPTEMBER 2, 2024

In 2011, the HCCH opted again to look into the possibility of drafting “a global instrument on matters relating to jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.” The HCCH hence viewed the Choice of Court Convention as an important achievement, albeit one that required additional budling blocks.

Contract 52

Contract IT Import Capacity 52

Kluwer Arbitration

JULY 26, 2024

1:18-cv-10024 (JLR), 23 May 2024 Lorna Maupilé, King & Spalding LLP, ITA Reporter for the United States of America In 2011, Respondent Offshore Exploration and Production LLC (‘Offshore’) initiated arbitration against Petitioner Ecopetrol S.A.

Insurance 52

Insurance Thresholds Media Contract 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

This suggests that the intervention increased the level of competition in tenders that were already competitive, but it increased the share of high-corruption risk, single-bidder contracts in the very short-run. However, the average number of received bids increases by 0.5 bids without direct contracts considered.

Bidder 40

Bidder Transparency Contract Public Procurement 40

Kluwer Arbitration

OCTOBER 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

Contract 52

Contract Sustainability Import Negotiation 52

Kluwer Arbitration

MAY 22, 2024

Accordingly, in May 2011, the Von Humboldt Institute issued Resolution No. In 2011, the environmental authority denied Eco Oro’s application for an environmental license for a large-scale mining project in a páramo , adjacent to Red Eagle’s mining titles.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

MAY 24, 2024

Accordingly, in May 2011, the Von Humboldt Institute issued Resolution No. As indicated by the Tribunal, during 2010 and 2011, Eco Oro’s application for an environmental license in an adjacent mining zone to Red Eagle’s mining titles was seriously impacted by the Santurbán Páramo ‘s preliminary and temporary delimitation.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

JANUARY 8, 2024

The Guide surveyed several hot topics in international arbitration in addition to various topics covered by the 2011 edition , measuring the growth of arbitration over the last decade.

Insurance 52

Insurance Collaboration Education Participation 52

Kluwer Arbitration

DECEMBER 16, 2023

Bianca Longo , from JusMundi, commented on the evolution of AI legal tools, which happened in three waves: (i) the first wave (2000-2011) was the introduction of certain AI-driven tools, such as Workflow, e-Discovery, Docusign etc.; (ii) In short time, the AI was corrupted by the users and started sending out violent messages.

Insurance 40

Insurance Demand Corruption Supply Chain 40

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 First Majestic Silver Corp.

Corruption 52

Corruption Contract Collaboration IT 52

Whistleblower Network News

FEBRUARY 29, 2024

As Black History Month transitions into Women’s History Month, WNN highlights Dr. Toni Savage, Bunny Greenhouse, and Dr. Duane Bonds, whose outspoken whistleblowing activity against corruption led to significant change. In 2011, she agreed to a settlement of $970,000 in full restitution of lost wages, compensatory damages, and attorney fees.

Whistle-blowing 106

Whistle-blowing Engineering Corruption Contract 106

Kluwer Arbitration

NOVEMBER 9, 2023

In 2011, the Ontario Court of Appeal in Cargill applied a non-deferential standard of review from Canadian administrative law – the correctness standard – to a post-award challenge to the jurisdiction of a NAFTA tribunal. that an international arbitration tribunal acts within its jurisdiction.

Corruption 52

Corruption IT Demand Consulting 52

Whistleblower Network News

JUNE 4, 2024

However, RTI users who began performing the role of whistleblower have become the targets of threats by corrupt actors. Between 2011 and 2022, at least 100 Right to Information users were murdered in connection to their case , and hundreds of others were threatened.

Corruption 103

Corruption Transparency Participation Government 103

Kluwer Arbitration

NOVEMBER 30, 2023

FG Hemisphere Associates LLC [2011] HKCFA 41. The PRC’s robust stance in favor of its now-abandoned absolute theory was made crystal clear by the interpretation issued by the Standing Committee of the National People’s Congress (“ NPC ”), i.e. , the PRC’s central legislature, in the Democratic Republic of the Congo and Others v.

Corruption 52

Corruption IT Contract Government 52

Kluwer Arbitration

MARCH 25, 2024

In 2011, the tribunal ruled that the windfall profit tax did not breach the BIT. Between 2005 and 2011, Mongolia experienced a substantial increase in foreign direct investment (“FDI”), surging from $187.6 In 2006, the parties settled and the case was discontinued. State Department. million to $4.5 million in 2015.

Transparency 105

Transparency Negotiation Price Export 105

Kluwer Arbitration

DECEMBER 9, 2024

The Ratione Personae objection: The Czech Republic contented that Diag was not controlled by a Swiss national after June 2011 and could not therefore benefit from the Treaty protection. The Ratione Temporis objection: the dispute arose before the Treaty came into force.

Export 59

Export Tender Thresholds Corruption 59