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These and other constraints under the model law are commendable anti-corruption measures, but may make it more difficult to accommodate emerging “green procurement” approaches. Both the European Union ( Directive 2014/24/EU , Art. Article 8, for example, warns the procuring agency, “when first soliciting the participation of.
In this context it is important to recall that bias is not used in a pejorative sense, rather it means the absence of demonstrated independence and impartiality ( Yiacoub v The Queen [2014] UKPC 22 ). The principle is far too important to allow it to be passed over [….]” The views expressed in this post are the author’s own.
However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.
First published in 2004 (the “2004 IBA Guidelines”) and then revised in 2014 (the “2014 IBA Guidelines”) (collectively, the “IBA Guidelines”), the IBA Guidelines have become a go-to guide for arbitrators, counsel, and arbitral institutions in identifying conflicts of interest and assessing the need for disclosure.
In an effort to increase FDI, Mongolia’s State Minerals Policy of 2014 called for developing a transparent and responsible mining industry driven by the private sector, while fostering a stable investment climate.
For example, the WIPO Arbitration and Mediation Center, which specializes in the resolution of IP and technology disputes, has recently seen a significant increase in cases – from 71 new cases in 2014 to 679 new cases in 2023.
South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. Before the IAA’s promulgation, South African courts had already begun to show their support for international commercial arbitration.
400 of 2014 (Commercial) , enforcement was refused because the award debtor proved that its representative lacked the necessary authority. A number of factors have influenced this shift. and the absence of authority is not per se a question of capacity, there is largely a consensus that Article V.1(a) 613 of 2015 (Commercial).
The panel also discussed recent developments in international arbitration ethics, including the UNCITRAL/ICSID Code of Conduct and the International Bar Association’s Taskforce to revise the IBA Guidelines on Conflicts of Interest for the first time since 2014. The panel discussed the ethics of expert preparation across legal cultures.
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. Wochensky explained that the non-Russian party might not have any alternative route.
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.
This could strengthen personal or professional ties and influence the decision-making process. Nevertheless, the requirements for disclosure must be applied with a sense of proportion, at least in cases initiated before May 25, 2014. 5 (2024), which is also included on Kluwer Arbitration.
On the regulatory front, frameworks such as the European Union AI Act are expected to influence the adoption of AI in arbitration. Reference was made to the latest arbitration statistics from the WIPO Arbitration and Mediation Center (from 71 new cases in 2014 to 679 in 2023).
Setting the Tone – The Influence of Individual Actors in Times of Crisis To open the event, author and journalist Stephan Lamby gave a keynote dinner-lecture which peered into history to examine the important role that individual actors and circumstances play in determining the outcome of international conflicts.
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