Kluwer Arbitration

MARCH 26, 2024

Temnikov, A Procrustean Bed: Pre- and Post-award Interest in ICSID Arbitrations, ICSID Review, 2014, Vol. 1325) Tribunals considered that compounding interest corresponds to the economic reality since “even if the funds had simply been deposited in a bank account generating interest, that interest would have been compounded.” (see

Accountability 64

Accountability Finance Utilities Corruption 64

Kluwer Arbitration

OCTOBER 3, 2024

The Crimean Cases After Russia took control of Crimea in 2014, a number of Ukrainian nationals started arbitral proceedings against Russia under the Russia-Ukraine BIT, seeking compensation for alleged losses incurred in relation to investments made in the region.

Accountability 59

Accountability IT Corruption Government 59

Kluwer Arbitration

DECEMBER 29, 2023

The investor-Maya Dangelas was born in Vietnam and became a naturalised American citizen in 2014, which made the basis of rationae personae jurisdictional objection by Vietnam before the tribunal. In 2014, the majority of the tribunal had upheld its jurisdiction.

Corruption 52

Corruption IT Contract Accountability 52

Kluwer Arbitration

MARCH 20, 2024

In that case, the court concluded that crypto assets held by an exchange were held on trust for account holders. Instances like the D’Aloia v (1) Persons Unknown (2) Binance Holdings Limited & Others highlight attempts to hold exchanges accountable for facilitating fraudulent activities. Cryptopia as an illustration.

Distribution 52

Distribution Utilities Accountability Purchasing 52

Kluwer Arbitration

FEBRUARY 7, 2024

Louis Dreyfus Armatures SAS & Ors , 2014 SCC OnLine Cal 17695. Mr. Dsouza criticised this 65% settlement figure for sums awarded by the arbitral tribunal as being arbitrary and failing to account for the extensive time and resources that parties invest in the arbitration process before an award is secured.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

AUGUST 7, 2024

XX/2014 (Operator v. During the contract execution by the Claimant, the Respondent stopped paying for the delivered goods, assuring the Claimant that the debt would be repaid later, stating that the lack of payment was caused by the seizure of his accounts by the Federal Tax Service. Second Industry Operator (Award), CRCICA Case No.

Freight 52

Freight Transportation Transportation Contract 52

Kluwer Arbitration

MAY 19, 2024

Following an award on jurisdiction and liability in 2014 , in CGC’s favour, and several unsuccessful challenges by NIOC under s.67 Notably, the Fund’s 1976 accounts recorded the loan to NIOC and did not include NIOC House as an asset of the Fund. In 2003, CPCIL assigned its rights under the GSPC to its wholly owned subsidiary, CGC.

Purchasing 52

Purchasing Corruption IT Management 52

Kluwer Arbitration

SEPTEMBER 16, 2024

In September 2014, a three-member arbitral tribunal issued the final award (“ Award ”) directing Avitel, its founder, and directors (“ Award Debtors ”) to pay USD 60 million as damages to HSBC. However, HSBC subsequently discovered that the invested money was siphoned off to different companies which led to the arbitration.

Thresholds 52

Thresholds Corruption IT Sustainability 52

Kluwer Arbitration

MARCH 10, 2024

According to the tribunal, Norway’s hesitation in declaring crabs as sedentary species before 2014 was understandable when one considers the circumstances of the cases, specifically the fact that snow crabs had only recently begun to appear in the Loophole area (para.

IT 52

IT Corruption Accountability Integration 52

Kluwer Arbitration

MAY 22, 2024

In December 2014, Colombia’s national environmental authority issued Resolution 2090 , delimiting the Santurbán Páramo in an almost identical area as the one contained in the 2007 Páramo Atlas, which overlapped with the area of Red Eagle’s mining titles.

Balance 52

Balance Participation Impact Assessment Thresholds 52

University of Bristol

AUGUST 23, 2021

NHS commissioning is currently subjected to both the Public Procurement Regulations 2015 (PCR2015, aka the UK’s copy-out transposition of Directive 2014/24/EU) and the National Health Service (Procurement, Patient Choice and Competition) (No. 2) Regulations 2013.

Tender 52

Tender E-procurement Procurement Transparency 52

Kluwer Arbitration

MAY 24, 2024

In December 2014, Colombia’s national environmental authority issued Resolution 2090 , delimiting the Santurbán Páramo in an almost identical area as the one contained in the 2007 Páramo Atlas, which overlapped with the area of Red Eagle’s mining titles.

Balance 52

Balance Participation Impact Assessment IT 52

Kluwer Arbitration

NOVEMBER 7, 2023

Conversely, the Second Circuit in Certain Funds, Accounts &/or Inv. 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 JAS Forwarding (USA), Inc. ,

Automotive 52

Automotive Utilities Import Corruption 52

Open Contracting Partnership

JULY 21, 2023

David is the founder of reAcción , a grassroots anti-corruption civil society organization that empowers young people in Paraguay to fight for government transparency and social accountability. I work in anti-corruption, leading an organization that focuses on the education sector in Paraguay.

Accountability 52

Accountability Education Corruption Demand 52

Kluwer Arbitration

JANUARY 21, 2024

The lack of an alternative route adds a layer of complexity, especially as it has been observed that since 2014 and the invasion of Crimea, Russian Courts’ independence has regressed, at the expense of non-Russian parties. Damage claims are renowned for their inherent complexity, it is thus imperative to prepare for it preemptively.

Corruption 52

Corruption Accountability Influencing Distribution 52

Kluwer Arbitration

JANUARY 16, 2024

Obiter Although the innocent party’s lawyers in the arbitration process were not corrupt, the question arose whether the tribunal should have been more direct and interventionist when it was clear that those lawyers were not getting instructions or were failing to put necessary points to the relevant witnesses. Société Kraydon Ltd v.

Corruption 52

Corruption Insurance IT Contract 52

Whistleblower Network News

NOVEMBER 14, 2024

agreed to pay $85 million to settle charges that the company violated the Foreign Corrupt Practices Act (FCPA) by engaging in a bribery scheme in Venezuela. According to the DOJ, “in 2014, Telefónica Venezolana participated in a government-sponsored currency auction in Venezuela that allowed it to exchange its Venezuelan bolivars for U.S.

Telecommunication 111

Telecommunication Corruption Supplier Purchasing 111

Kluwer Arbitration

MARCH 30, 2025

However, on account of the finality principle, this power is an exception rather than a rule. 833/2014 places an embargo on the recognition of any injunction, order, relief, judgement, or other court decision issued under Article 248 of the RAPC. At the outset, Part 3.1(7) 7) of the CPR empowers a court to vary or revoke its order.

Balance 52

Balance IT Corruption Accountability 52

Kluwer Arbitration

NOVEMBER 21, 2024

Ecuador) in 2014. For the Tribunal, Ecuador’s conduct – not only in the May 2018 ‘Settlement Agreement’ but also in its actions following the signing of the contracts and the 2014 arbitration – took place within this ‘circle of interests’ shared by the opposing parties. 3E0.2022.0079.01) at Ghent University.

Participation 52

Participation Contract Influencing IT 52

Kluwer Arbitration

APRIL 13, 2025

should not be applied rigidly, but taking into account the specifics of each case, particularly the stage of the proceedings, should be considered in a balanced legal analysis. Nevertheless, the requirements for disclosure must be applied with a sense of proportion, at least in cases initiated before May 25, 2014.

Efficiency 52

Efficiency Balance Influencing Corruption 52

Kluwer Arbitration

FEBRUARY 16, 2025

Background The origin of the case before the Court goes to an arbitral award rendered in 2014 in favor of a Tunisian-registered company, Siba Plast, against the State of Libya, in an ad hoc arbitration with a seat in Tunis.

Electronics 59

Electronics Balance IT Corruption 59

Kluwer Arbitration

JANUARY 10, 2025

For example, there is the black box problem, where the lack of transparency in AIs decision-making processes raises accountability concerns by making it difficult to understand how the AI tool reached its conclusion. The Act emphasizes transparency, safety, and accountability, and aims to lay a foundation for responsible AI use.

Transparency 52

Transparency Integration Integrity Ethics 52

Kluwer Arbitration

MARCH 11, 2025

In the context of arbitration, there remains debate as to whether the Courts jurisdiction also arises from section 44 AA 1996 ( see U&M Mining Zambia Ltd v Konkola Copper Mines Plc [2014] EWHC 3250 (Comm) ( U&M Mining )). However, Essar Steel had previously been provided professional services by an English-registered company.

Professional Services 52

Professional Services Corruption IT Accountability 52

Kluwer Arbitration

JANUARY 28, 2025

Relatedly, the Court of Justice of the EU was recently requested by the Swedish court to provide its interpretation of the Article 11 of the EU Regulation 833/2014. The positive aspect of the Ruling might be that the Court did not accept that merely submitting a request to transfer a case to Russian courts suffices to apply Lugovoy Law.

Import 52

Import IT Corruption Accountability 52

Kluwer Arbitration

NOVEMBER 3, 2024

Swisslog Malaysia SDN BHD, Court of Appeal of Bologna, 1781/2014, 08 April 2022 Stefano Azzali & Michele Zamboni, Chamber of Arbitration of Milan, ITA Reporters for Italy The Bologna Court of Appeal was called to decide on the validity of two distinct arbitration clauses. Alpla Italia S.r.l., 68 challenge under s.73 Ioan Micula et al.

Accountability 52

Accountability IT Corruption Government 52

Whistleblower Network News

FEBRUARY 28, 2025

On February 10, 2025, President Trump issued a significant Executive Order titled Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security. The DOJ guide to the FCPA , published under Trumps first term, outlined that corruption is bad for business. Since 2014, the FCPA has led to nearly $25.5

Data 52

Data Corruption Whistle-blowing Demand 52