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Updating the UNCITRAL Model Procurement Law for “Green Procurement”

Public Procurement Intl

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.

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The Revised IBA Guidelines on Conflicts of Interest: A Call to Action for Parties and Counsel?

Kluwer Arbitration

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.

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EcuadorTLC II: A Shift in Investment Arbitration through the ‘Own Acts’ Doctrine

Kluwer Arbitration

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.

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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

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.

Insurance 104
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Johannesburg Arbitration Week: South Africa: Destination of Choice for International Arbitration in Southern Africa

Kluwer Arbitration

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.

Import 52
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Enforcement of Foreign Awards in the UAE: Significant Progress Achieved

Kluwer 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).

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Atlanta International Arbitration Society’s (AtlAS) 12th Annual Conference

Kluwer Arbitration

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.

Ethics 52