Whistleblower Network News

APRIL 16, 2024

Not only was the whistleblowers’ information key for resolving alleged misuse of Medicare Part B between 2014 and 2017, but they also assisted the settlement of “false claims to Medicare by billing for diagnostic imaging procedures” from 2014 to 2021. These acts went against the Stark Law, or the Physician Self-Referral Law.

Whistle-blowing 56

Whistle-blowing Corruption Demand Accountability 56

Kluwer Arbitration

NOVEMBER 4, 2024

While the FIDIC’s 1999 Silver Book does not mention concurrent delay, the 2017 version requires the parties to adopt rules and procedures to deal with this issue. In 2017, the English court held that there is no policy reason why such anti-concurrency clause should not be upheld (North Midland Building Ltd v Cyden Homes Ltd [2017] EWHC).

Engineering 52

Engineering Public Private Partnership Consulting Contract 52

Kluwer Arbitration

AUGUST 12, 2024

The Background Facts The parties concluded two contracts on C&FFO Mundra (India) terms in January 2017 for 20,000mt of lentils and 45,000mt of yellow peas (the “Goods”). The Goods arrived at Mundra in June 2017, but the Buyers failed to make payment prior to arrival. 69 AA 1996 on a point of law.

Buyers 52

Buyers Price Freight Purchasing 52

Kluwer Arbitration

APRIL 1, 2024

JAW is a premier event, signifying South Africa’s increasing prominence in international arbitration, particularly since implementing the International Arbitration Act in 2017. Prior to 2017, AFSA managed a modest tally of international arbitrations. The impact of these developments on AFSA’s caseload has been remarkable.

Ethics 52

Ethics Influencing Integration Integrity 52

Kluwer Arbitration

JANUARY 11, 2024

During my tenure in Seychelles, I was involved with the Seychelles International Financial Services Association (SIFSA), contributing to drafting the International Business Companies (IBC) Amendment Bill and reviewing the International Corporate Service Provider Act in 2017. The AFSA International Rules 2017 also follow this practice.

Efficiency 98

Efficiency Quality Demand Collaboration 98

Curbing Corruption in Government Contracting

NOVEMBER 5, 2019

For years, the benefits of transparency as a policy tool to increase accountability and counter corruption have been lauded. Differing leadership approaches The two leaderships have quite different approaches to anti-corruption overall. That being said, many people lament a lack of real action and the systemic nature of corruption.

Public Procurement 40

Public Procurement Transparency E-procurement Procurement 40

Kluwer Arbitration

AUGUST 20, 2024

Background of the Case In 2017, a Dutch company, Project Partner Search Beheer B.V. ECLI:EU:C:2010:146 ( Alassini ) and ECLI:EU:C:2017:457 ( Menini )). Non-compliance with a binding pre-arbitration mediation clause will, however, not affect the jurisdiction of the arbitral tribunal. previously named Capabel Solutions Works B.V., “CSW”).

Corruption 98

Corruption IT Purchasing Efficiency 98

Kluwer Arbitration

FEBRUARY 7, 2024

An SCCA study of Saudi arbitration-related case law between 2017-2022 revealed that out of 131 annulment applications brought in Saudi courts, 92% were denied and only 3.8% The KSA’s steadfast efforts to promote arbitration are also reflected in its track record of enforcement of arbitral awards.

IT 52

IT Tender Efficiency Electronics 52

Kluwer Arbitration

NOVEMBER 3, 2023

In January 2017, the sole arbitrator granted SANESSOL’s requests (“Award”). 2 in March 2017 (“Ordinance”) (i) prohibiting any tariff revisions; as well as (ii) expressly mentioning that the ARSAE (ii.a) Former STJ Justice Prof. Massami Uyeda was nominated as the sole arbitrator by the President of CAM CIESP/FIESP.

Participation 52

Participation Evaluation Bidding Public Bidding 52

Kluwer Arbitration

OCTOBER 3, 2024

In this sense, in the Award on Jurisdiction of 26 June 2017 rendered in Stabil LLC and Others v. 2017-16, the tribunal went further. Russian Federation , PCA Case No. Russian Federation , PCA Case No. In NJSC Naftogaz of Ukraine and others v. Russian Federation , PCA Case No.

Accountability 59

Accountability IT Corruption Government 59

Kluwer Arbitration

DECEMBER 26, 2023

Since its inception, the Centre has evolved into a global hub for ADR, being built from ground up especially after I took over in 2010, starting with only 22 cases in 2010 and recording 932 cases in 2017. I am gratified to be back at the helm of AIAC five years after my previous tenure.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

OCTOBER 29, 2024

On April 25, 2017, the lower court granted Usimec’s request to annul the award, reasoning that the guarantee of impartiality had been violated because the Sole Arbitrator allowed Citic’s representative to serve as a translator for the witnesses called by Claimant, implicitly relying on article 138, IV, of the 1973 BCCP.

Participation 59

Participation Influencing Government Government 59

Kluwer Arbitration

DECEMBER 30, 2023

505/2017 (Real Estate) , ruling of the Dubai Court of Appeal). 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 In a recent decision, Case No.

Corruption 52

Corruption IT Accountability Government 52

Kluwer Arbitration

NOVEMBER 16, 2024

Earlier this year, the SCC released a practice note on security for costs , a thorough analysis of 23 applications for security for costs and their prospects of success in commercial cases administered by the SCC between 2017 and 2022. The report observes that only two of the 23 applications for security for costs yielded success.

Balance 52

Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

SEPTEMBER 26, 2024

Background In 2017, Indian Oil issued a notice of arbitration against Essar under a gas supply agreement (“ GSA ”). In this post, we consider the interface between arbitration and insolvency in India, in light of the Indian Oil judgment and other recent decisions.

Participation 52

Participation Negotiation Import Corruption 52

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.

Networking 59

Networking Electronics Contract Quantity 59

Kluwer Arbitration

MARCH 9, 2024

This discussion resulted in the Arbitration and Conciliation Act being amended in 2015 to clarify that foreign awards would only be considered contrary to public policy if, for example, the award was affected by fraud or corruption or contravened the fundamental policy of Indian law.

Ethics 52

Ethics Corruption Negotiation Finance 52

Kluwer Arbitration

NOVEMBER 5, 2023

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 see The Society of Construction Law Delay and Disruption Protocol, 2 nd Ed.

Corruption 52

Corruption IT Contract 52

Kluwer Arbitration

OCTOBER 27, 2024

In parallel to this application, Opportunity filed, on 22 October 2017, a request before the ICC for the revision of the award, raising procedural frauds committed by Telecom Italia.

Import 52

Import Telecommunication Finance Corruption 52

Kluwer Arbitration

FEBRUARY 27, 2024

Código Civil de la República del Paraguay Comentado, Tomo V (La Ley, 2017), pp. Código Civil de la República del Paraguay Comentado, Tomo V (La Ley, 2017), pp. such as the UNIDROIT Principles of International Commercial Contracts 5) Article 4.5 – All terms to be given effect. and the Principles of European Contract Law or PECL.

Contract 52

Contract Import IT Negotiation 52

Kluwer Arbitration

MAY 21, 2024

2017) (noting that “parties may delegate the adjudication of gateway issues to the arbitrator if they ‘clearly and unmistakably’ agree to do so” and stating, “[w]e have found such delegation when the parties have incorporated by reference the rules of the American Arbitration Association”). Liberty Mut. 3d 981, 985 (9th Cir.

Insurance 52

Insurance Framework Agreement Contract Integrity 52

Curbing Corruption in Government Contracting

MARCH 6, 2020

In India, according to the Ministry of Finance General Financial Rules (2017), all procuring authorities are responsible and accountable for ensuring transparency, fairness, equality, competition and appeal rights in contracting.

Data 52

Data Procurement E-procurement Transparency 52

Kluwer Arbitration

AUGUST 25, 2024

Powerful reasons (such as the protection of trade secrets) are usually required to justify redactions (see for example, Unwired Planet International Ltd v Huawei Technologies Co Ltd and another [2017] EWHC 3083 (Pat) ).

Transparency 59

Transparency Purchasing Balance Corruption 59

Kluwer Arbitration

NOVEMBER 6, 2023

Background to the Dispute In 2017, the Ministry of Environment and Water of Bolivia concluded a contract with Spanish company Eurofinsa for the construction of the drinking water and sewerage system in Riberalta Beni. Furthermore, it confirms the key role of the Court in strengthening an arbitration-friendly approach.

IT 98

IT Contract Corruption Government 98

Kluwer Arbitration

JUNE 3, 2024

10 of 2017 amending certain provisions of the Civil Procedures Law 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 1] The Civil Procedures Law No.

Electronics 69

Electronics Consulting Accountability Corruption 69

Kluwer Arbitration

OCTOBER 17, 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 This concludes our coverage of Australian Arbitration Week 2024.

Capacity 52

Capacity Balance Import Corruption 52

Kluwer Arbitration

JULY 18, 2024

2 of 2017 and arbitrations seated in the QFC are governed by the QFC Arbitration Regulations. 2 of 2017) in Case No. This post explores some of the key elements of B v C. Jurisdiction and Principles Governing the Setting Aside of Awards under the QFC Arbitration Regulations Arbitrations seated in Doha are governed by Law No.

Consulting 52

Consulting Import Accountability IT 52

Kluwer Arbitration

OCTOBER 10, 2024

Although there is less authority on the topic, the starting point under English law is likely to be that the arbitration agreement is governed by that foreign law (see Kyrgyz Republic v Stans Energy Corporation [2017] EWHC 2539 (Comm )).

Government 52

Government Government Contract Corruption 52

Kluwer Arbitration

AUGUST 22, 2024

Two prominent AI studies that were relatively successful in predicting outcomes of court judgments of the European Court of Human Rights (“ECtHR”) and the Supreme Court of the United States (“SCOTUS”) and took place in 2016 and 2017 respectively, sparked curiosity over this matter.

Transparency 64

Transparency Data Import IT 64

Kluwer Arbitration

MAY 2, 2024

In both arbitrations, Lima responded by arguing among other things that the Concession Contract and its modifications were void due to corruption. Finally, the Court rejected Lima’s argument that both awards violated the United States’ public policy regarding enforcing or procuring contracts through corruption. Société Indagro v.

Transportation 52

Transportation Transportation Corruption IT 52

Kluwer Arbitration

DECEMBER 28, 2023

In Eiser , Dr Alexandrov’s partnership in the chamber from 2002 to 2017 was considered. 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

Thresholds 95

Thresholds Influencing Corruption IT 95

Kluwer Arbitration

APRIL 1, 2024

Recognising the increasing importance of international arbitration as a distinct and preferred means of dispute resolution in international commercial disputes, South Africa enacted the International Arbitration Act 15 of 2017 (“ IAA “) and has gained prominence as the leading seat for international arbitration in Southern Africa.

Import 52

Import Efficiency Influencing Integration 52

Kluwer Arbitration

NOVEMBER 25, 2023

2017-194) award issued on 24 October 2022. Indeed, adverse ECT awards continue to be rendered against Spain, such as Sevilla Beheer B.V. and others v. Spain (ICSID Case No. ARB/16/27) award issued on 22 May 2023, INFRACAPITAL v. Spain (ICSID Case No. ARB/16/18) award issued on 2 May 2023, Triodos v. Spain (SCC Case No. Spain (ICSID Case No.

Corruption 52

Corruption IT 52

Kluwer Arbitration

NOVEMBER 19, 2023

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 It has been a pleasure to collaborate with you.

Transparency 52

Transparency Collaboration Import Corruption 52

Kluwer Arbitration

FEBRUARY 12, 2024

993 of 2017 of 4 February 2018, which held that arbitration is an equally valid dispute resolution forum as litigation and Case No. 993 of 2017 The Appellant, a distributor, and the Respondent, a foreign distributor, entered into an agreement on the distribution of a specific range of sports products in various territories.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

FEBRUARY 3, 2024

These codes were significantly amended at the end of 2017 and now oblige the courts to adopt a pro-arbitration approach to the resolution of issues concerning the validity and enforceability of the arbitration agreement.

Buyers 98

Buyers Contract Price Purchasing 98

Kluwer Arbitration

FEBRUARY 28, 2024

2017), in which injunctions (including emergency restraining orders) issued in arbitrations were enforced as interim awards. This is consistent with Sperry Intern. Trade Inc., Gov’t of Israel , 532 F. 901 (S.D.N.Y. 1982) and Sharp Corp. Hisense USA Corp. , 3d 157 (D.D.C. The same approach is noted in Jkx Oil & Gas Plc v.

Import 52

Import Thresholds Contract Corruption 52