Curbing Corruption in Government Contracting

SEPTEMBER 18, 2019

Open data is often lauded as a magic pill for anti-corruption: reveal what’s going on, inform the public, and, presto, government will become more accountable. We have written elsewhere about the institutional and political challenges that can hinder the transparency –> accountability transformation.

Data 52

Data Public Procurement Procurement Buyers 52

Kluwer Arbitration

JUNE 3, 2024

of the LCIA Arbitration Rules 2020 simply requires signing the award while the ICC 2021 Arbitration Rules and the SIAC Rules 2016 do not even mention signing the award. In contrast to these provisions of arbitral institutions in the UAE, there is no similar requirement in the rules of leading arbitration institutions. 42 of 2022.

Electronics 69

Electronics Consulting Accountability Corruption 69

Kluwer Arbitration

DECEMBER 30, 2023

In other words, a failure of the arbitrating parties to make full payment on account of the DIAC arbitration costs would be considered a waiver of the arbitration obligation, terminate the underlying arbitration process, and trigger the general jurisdiction of the Dubai Courts to hear the Parties’ dispute. 13/2016). of Dubai Law No.

Corruption 52

Corruption IT Accountability Government 52

Kluwer Arbitration

MAY 5, 2024

He supported this position by referring to India’s termination of 76 of 87 of its BITs in 2016. Ever since then, the Indian government has taken a more cautious approach with the 2016 India Model BIT (“India Model BIT”). The shift in India’s position has become more visible after the White Industries award and subsequent cases.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

AUGUST 7, 2024

1090/2016, 31 December 2018 Ismail Selim, Cairo Regional Center for International Commercial Arbitration (“CRCICA”), ITA Reporter for the CRCICA CRCICA Case No. 1090/2016 (First Industry Operator v. The ITA Board of Reporters has reported on the following awards. First Industry Operator v.

Freight 52

Freight Transportation Transportation Contract 52

Kluwer Arbitration

FEBRUARY 17, 2024

2021) 4 SCC 379 (“ NN Global 3J ”), a 3-judge bench of the Supreme Court held that arbitration agreements would not be rendered void on account of the main contract being insufficiently stamped as commented on in a previous post. In N N Global Mercantile (P) Ltd. Indo Unique Flame Ltd.

Efficiency 52

Efficiency Contract Import Corruption 52

Kluwer Arbitration

OCTOBER 6, 2023

of the Singapore International Arbitration Center Rules 2016 both require that arbitrators act with independence and impartiality. Arbitral institutions could consider the following accountability measures to ensure that an arbitrator observes such a code of conduct. For example, Article 14.1 This is not a novelty. Article 17.3

IT 45

IT Ethics Participation Accountability 45

Kluwer Arbitration

MARCH 4, 2024

2016-39 ), a bilingual (English and Spanish) UNCITRAL arbitration under the UK-Bolivia bilateral investment treaty (the “Treaty”). The analysis must be conducted on a case-by-case basis, assessing the reasonableness of Bolivia’s conduct in the specific circumstances and taking into account the country’s resources.

Finance 52

Finance IT Capacity Corruption 52

Kluwer Arbitration

MAY 22, 2024

Such provision was declared unconstitutional in Judgment C-035 of 2016 because it authorized mining activities in projects with pre-acquired environmental licenses in páramo areas. In June 2015, Colombia enacted Law 1753 , ratifying the mining ban in páramos , but reviving a grandfathering provision alike Law 1382.

Balance 52

Balance Participation Impact Assessment Thresholds 52

Kluwer Arbitration

JANUARY 26, 2024

Far from being an exhaustive account, it focuses on French court decisions in the areas identified below. Venezuela saga (see here and here ), reflecting a slightly lower success rate of set-aside applications this year in comparison to each year from 2016 to 2022. Any views expressed in this post are the authors’ only.

Influencing 52

Influencing IT Corruption Accountability 52

Kluwer Arbitration

MAY 24, 2024

Such provision was declared unconstitutional in Judgment C-035 of 2016 because it authorized mining activities in projects with pre-acquired environmental licenses in páramo areas. In June 2015, Colombia enacted Law 1753 , ratifying the mining ban in páramos , but reviving a grandfathering provision alike Law 1382.

Balance 52

Balance Participation Impact Assessment IT 52

Kluwer Arbitration

MARCH 25, 2024

More recent advancements in Mongolia’s international investment initiatives include the Canada-Mongolia BIT (2016) and Japan-Mongolia Economic Partnership Agreement (2015) (which replaced and superseded the Japan-Mongolia BIT (2001) ). In 2020, the mining sector accounted for 21.6% million to $4.5 million in 2015.

Transparency 105

Transparency Negotiation Price Export 105

Kluwer Arbitration

JANUARY 5, 2025

Relevant for this blog post, EA provisions as they usually stand, including under the 6th Edition of the Arbitration Rules of the SIAC (SIAC Rules 2016), do not allow a party to obtain ex parte relief, i.e. , no relief can be sought or granted without notifying all other parties to the dispute. Some of its drawbacks are discussed here.

Balance 98

Balance Corruption IT Accountability 98

Kluwer Arbitration

MARCH 12, 2025

Based on the said results, it is reasonable to assume that parties take into account the relevant arbitral institutional rules set time limits for rendering final awards when selecting their arbitration institution.

Efficiency 52

Efficiency Accountability Import IT 52

Kluwer Arbitration

NOVEMBER 11, 2024

Ironically, the case leading to the Achmea judgment was referred to the CJEU by the German Federal Court of Justice (“BGH”) in 2016 precisely by way of a preliminary reference procedure under Article 267 TFEU, when it was seized with the setting aside proceedings against the arbitral award in Achmea B.V.

Thresholds 52

Thresholds IT Corruption Accountability 52

Kluwer Arbitration

DECEMBER 4, 2024

The Dispute The dispute arose from a 2016 Coal Transportation and Storage Services Agreement (“Agreement”) between Greenfield SPVI, S.A.P.I. Below, we address the key discussions arising from this dispute. Greenfield”) and the Mexican state enterprise Comisión Federal de Electricidad (“CFE”).

Contract 52

Contract Negotiation Transportation Transportation 52

Kluwer Arbitration

NOVEMBER 3, 2024

ITA Reporter for Colombia On 20 June 2024, the Colombian Supreme Court of Justice rejected the recognition of an investment award (the ‘Award’) rendered on 22 August 2016 in ICSID Case No. 73 of the Arbitration Act, there are a number of factors to be taken into account. ARB(AF)/12/5 between Rusoro Mining Limited (‘Claimant’) v.

Accountability 52

Accountability IT Corruption Government 52