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Challenge: In 2020, public procurement in the Dominican Republic lacked public trust and credibility due to several high-level corruption scandals. Corruption in public procurement makes us poorer and takes our rights away.” Efficiency is key. So the DGCP adopted a three-pronged approach to improve things.
The 2018 Supreme Court case Murphy v. Given this, the efficient enforcement of AML laws is a driving force in preventing illicit activities and deceptive practices within professional sports. The recently established Anti-Money Laundering (AML) Whistleblower Program can play a key role in combating the illicit side of the sports world.
Alexandra GOETZ-CHARLIER, Alternative Dispute Settlement in the UN and the EU Internal Justice Systems: A Comparative Case Study This article investigates whether informal dispute settlement may promote a faster and more efficient resolution of employment disputes in the United Nations (UN) reformed administration of justice.
She is passionate about championing alternative dispute resolution across Africa and beyond and fostering a culture of cooperation, efficiency, and excellence among the diverse stakeholders involved in dispute resolution. The use of AFSA services is cost-efficient for our clients.
During my previous tenure as the Director of AIAC from 2010-2018, one of the pivotal moments was the rebranding of the Regional Centre of Arbitration Kuala Lumpur (RCAKL) to Kuala Lumpur Regional Centre for Arbitration (KLRCA) in May 2010 symbolising the Centre’s regional forward-looking growth. 1) Rule 12 of the 2023 Rules.
More progressively, Article 26 of the 2018 DIS Arbitration Rules obliges the arbitral tribunal to discuss with the parties the possibility of amicable settlement of the dispute or of individual disputed issues. Users expect institutional rules to be updated to provide the most efficient mechanism for resolving their disputes.
Blockchain’s touted tamper-proofness and potential to enable smart contracts are driving initiatives that seek to create automated ‘trust in trustless environments’ for public sector use cases , in particular concerning activities highly-exposed to corruption risks and/or the automation of administrative procedures devoid of discretion.
These included ongoing issues such as poor institutional coordination, lack of transparency, high levels of corruption, and murky lines of accountability. These reforms improved efficiency as the decentralization of the procurement function allowed for quicker decision-making.
Article 26 of the DIS Arbitration Rules 2018 is similar to Section 278(1) ZPO. An opt-out will do because it will often be efficient to adopt inquisitorial processes facilitating settlement. The above is an abbreviated version of an article published in the SchiedsVZ | German Arbitration Journal, Vol.
This interpretation was also consistent with the legislative purpose of the Ordinance, which is to resolve disputes fairly and efficiently through arbitration. Compared with the 2018 HKIAC AAR, the Rules have more stringent requirements when it comes to disclosure. The author reserves the right to amend her position if appropriate.
Diana: Since its establishment in 2018 under the Chamber of Commerce and Industry of Uzbekistan, the TIAC has achieved significant milestones in advancing the use of international arbitration both within Uzbekistan and the wider CIS region. It has been a little more than five years since the establishment of the TIAC.
This post delves into the most significant aspects of the 2024 arbitrateAD arbitration rules (“ Rules ”), including: establishing an independent governing structure to appoint impartial arbitrators, increasing efficiency, and aligning international standards of practice.
6 of 2018 (“ Arbitration Law ”). In contrast, the ability to electronically sign an award is an exercise in efficiency as it takes just few minutes and only one copy needs to be signed. What Does Signing the Award Mean? The provision for the signing of awards is stipulated in Article 41(3) of the UAE Federal Arbitration Law No.
Highlights include “Arbitrating in a Time of Trade War: Successfully Navigating the Minefields of National Security, Cross-Border Data Restrictions, Sanctions and US-China Decoupling to Achieve Fair and Efficient Cost Resolution,” and “The Swords and Shields of Arbitrating IP Disputes in California and Beyond.” Vitaly Ivanovich Smagin , No.
Also, our 2024 HKIAC Administered Arbitration Rules came into effect on 1 June 2024, which is a refinement of the well-received 2018 version. The changes provide not just incremental improvements for efficiency and integrity of proceedings, but also changes to reflect developing societal norms, such as environmental impact and diversity.
The Outside Perspective: Famous German Efficiency? The second panel, chaired by Inka Hanefeld and entitled the “Famous German Efficiency (?) – the Outside Perspective,” further expanded on the outside perspective on international arbitration in Germany. Hence, initial page limits or a prefixed number of witnesses (Annex 3 A.
The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (CAM-CCBC) introduced, in 2018, an Administrative Resolution regulating the proceeding of the Emergency Arbitrator, which was updated in 2020. 06/20 and CMA’s 4/2018 Resolution ).
6) of 2018 (“UAE Arbitration Law”), a legislation comprising of 61 articles which stands as the cornerstone of arbitration regulations within the UAE. – Scheduling Hearings: The arbitral tribunal has the power to determine the date of any scheduled hearing and to set suitable dates for the efficient progression of the case.
Not only is it now one of the busiest international arbitral institutions (with 900 cases per year on average), but it also ensures the rendering of effective awards under its aegis, as confirmed by the Swiss Federal Tribunal (SFT) in 1993 in the Gundel case and by the European Court of Human Rights (ECtHR) in 2018 in the Pechstein case.
However, since the first reported LNG price review arbitration arose out of Asia in 2018, there has been a growing number of instances of such price reviews proceeding to arbitration. Conclusion As the panel discussion showed, Asia’s energy sector relies on effective dispute resolution procedures to operate efficiently.
The Honourable Wayne Martin AC KC is an arbitrator, mediator, and former Chief Justice of Western Australia (2006-2018). Australia can offer those counter-parties a similar option to that provided by the DIFC courts, including a combination of an arbitral seat and a supportive and efficient judiciary.
Union of India 1) 2018 SCC OnLine Del 8842, paras 145-146 , under the India-Netherlands BIT, and Union of India v. A multi-departmental approach can enhance efficiency and ensure that consistent strategies are being employed in dispute resolution. Cases like Vodafone v.
As ICA spreads East from the 1990s, the practice of the arbitrator acting as mediator attracted interest (notably, still, in mainland China ) due to the potential efficiencies. Yet concerns arose especially if the same neutral engaged in ‘caucusing’, due to fundamental principles of neutrality and equal treatment of the parties.
6 of 2018 (“ UAE Arbitration Law “) which maintains the enforceability of an arbitration agreement even if the arbitral award is set aside. The recent revisions to the modernised and innovation arbitration rules of the SCCA give it a distinct advantage to resolve disputes fairly and efficiently, in tandem with KSA’s Vision 2030.
This environment, according to Al Tamimi, should be characterised by efficient procedures, transparent processes, and robust legal frameworks. Al Tamimi also highlighted the need for continued collaboration between legal professionals, institutions, and governments to create a more arbitration-friendly environment in Kuwait.
The arbitration user community requires a structured, efficient, and cost-effective alternative to traditional litigation. The period from 2018 to 2023 marked a dramatic rise, with a total of 124 international arbitrations being registered, signalling a growing confidence in South Africa as a seat for international arbitration.
Yousaf [2018] CLC 877 by the Islamabad High Court. In this regard, paragraph 14 of the judgment underscores the High Court’s views as follows: “The course and mode of arbitration is globally recognized of the purpose of fair and efficient settlement of dispute arising in domestic and international commercial relations.
The Defendant then issued a statutory demand pursuant to section 125(2)(a) of the Insolvency, Restructuring and Dissolution Act 2018 for claims awarded under a partial final award (the “ PFA ”). 17) Mobilox at [40]. Subsequently, in K. M/S Vijay Nirman Company Pvt. 18) At [18]. ↑ 17 Mobilox at [40]. ↑ 18 At [18]. ↑ 19 I bid.
57 of 2018 which stipulates that both public and private properties owned by the UAE or any specific Emirate are protected from seizure. This was discussed in the 2018 case of Pearl Petroleum Company Limited & Others v. It assures commercial parties that the state entity will engage in fair and efficient dispute resolution.
Chapter 6-10 of ECOWAS Common Investment Code 2018 ; Art. Regarding procedural efficiency, simultaneous resolution of all disputes including the counterclaims by an arbitral tribunal prevents duplication of proceedings, is cost-effective, and ensures neutrality of the dispute forum, which is essential to investors.
Friedman, Arbitrator Hercules could achieve integrity by exercising seven virtues: honor flexibility; make parties feel heard and understood; understand the true motivation of the parties; respect the business context; act efficiently; do not fear their authority; make the award meaningful.
Article 26 of the DIS Arbitration Rules 2018 is similar to Section 278(1) ZPO. An opt-out will do because it will often be efficient to adopt inquisitorial processes facilitating settlement. The above is an abbreviated version of an article published in the SchiedsVZ | German Arbitration Journal, Vol.
In 2018, I joined the Board of Directors of the Lagos Chamber of Commerce International Arbitration Centre (LACIAC) and in December 2020, I was appointed as Chairman of the LACIAC Board of Directors. Please give our readers a concise introduction about yourself and the path that led you to assume the role of Chairman of LACIAC?
6/2018 requires arbitrators to act impartially and independently. The “ IBA Rules of Ethics for International Arbitrators ” go further as they require that, in addition to independence and impartiality, arbitrators respect other ethical standards such as diligence, efficiency and confidentiality.
Porangaba noted that technological development is key, and that investments in smart grids may increase efficiency of energy distribution. In short time, the AI was corrupted by the users and started sending out violent messages. In 2023, Brazil reached 94% of renewable production in its electrical matrix.
The Swiss Court issued the First Swiss Judgment on 11 December 2018 which rejected these objections and refused to set-aside the Interim Award. India then sought to set-aside the Interim Award before the Swiss courts, arguing again that the Tribunal did not have jurisdiction over the dispute. million to DT.
While the latter group has indeed contributed to an orderly improvement of the ISDS processes with focus on ethics, transparency and efficiency, the former group has forced terminations of several treaties and the triggering of sunset clauses with rather little tangible outcomes. Loukas Mistelis, Co-Editor-in-Chief Prof.
billion in 2018. All of the panelists emphasized the importance of using model clauses provided by reputable arbitral institutions, such as SIAC, to ensure efficiency and completeness of procedural requirements, instead of drafting from scratch. The total sum in dispute with Philippine parties in 2021 was USD 1.9 billion and USD 1.7
On 6 November 2018, the investor obtained a second enforcement order. Accordingly, it ruled that the request dated 6 November 2018 was time-barred, as the award had been issued on 30 July 2013. 29 June 2007, No. 05.18053 ) and granted an enforcement order.
The 2019 QMUL Pinsent Masons Driving Efficiency in International Construction Disputes Survey recognised “issuing an award within a reasonable period of time” as the top characteristic of an efficient arbitrator. 6 of 2018 ). Does it Matter if a Tribunal is Responsible for Fixing the Time Limit for Rendering Awards?
And, most importantly, does the pro-enforcement policy require the courts to overlook foundational and structural issues in the arbitral process (listed in Article V of the Convention) in favour of efficiency and certainty? v Acro Textile Mills Ltd PLD 2018 Lahore 597 ( Louis Dreyfus )).
According to the 2018 DRBF Statistical Database, dispute boards have been employed in over 2,700 projects, covering about US$270 billion in construction costs. Ruggiero also stressed the importance of the engineer’s timely decisions, as delayed determination would inevitably erode trust to the engineer.
French courts reviewed fewer investment treaty awards in annulment and enforcement proceedings, and this is the first time since 2018 that the annulment rate is null. Enforcement of Two Libyan Cases In two Libyan cases, French courts were called to ensure the integrity and efficiency of the enforcement process.
Hong Kong In June 2024, the Hong Kong International Arbitration Centre (HKIAC) introduced revised arbitration rules aimed at enhancing procedural efficiency and addressing the evolving needs of users. While AI offers efficiency gains, speakers emphasized the need for ethical safeguards to maintain human judgment.
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