This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
On January 24, the Vatican issued new procedures on whistleblowing , recognizing the critical role whistleblowers play in exposing corruption and financial misconduct. The new document expands upon procedures first laid out in 2019 for reporting financial anomalies to the Office of the Auditor General.
On May 7, the Malaysian government launched its 2024-2028 National Anti-Corruption Strategy (NACS), a continuation of its 2019 National Anti-Corruption Plan (NACP) that ended in 2023. billion per year and, using figures from the World Bank, make the average cost of corruption around 3% of annual GDP.
On 27 June 2024, the United Kingdom (“UK”) ratified the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“2019 Hague Convention” or “Convention”), with 1 July 2025 being the expected date of its entry into force in England and Wales.
Many of you will know that weve always been interested in opening up and improving the procurement and contracts that underpin mega-sporting events, which have – all too-often been – vectors for cronyism, corruption or massive mis-spending. We hoped to do this for Paris 2024 but it was not to be!].
P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at the Court of which parts were knowingly false, namely that P&ID had procured the contract with Nigeria through corrupt payments to a Nigerian official. Inadequate Representation: Should a Tribunal Do More?
Brigitte Stern and Dr. Andrés Rigo Sureda (President) issued a final award (“Award”) in an investment treaty case PCA 2019-15 (“Dispute”), between Worley International Inc. In this post, we describe the factual background of the dispute and examine the jurisdictional and admissibility issues regarding allegations of corrupt and illegal acts.
The decision has important implications for arbitration. D [2019] EWHC 1277 (Comm) ; BPY v MXV [2023] EWHC 82 (Comm)). In this respect, the observations of the UKSC in Tui as to when the rule should apply provides important guidance on how a tribunal should exercise its discretion ( Tui , paras.
From late 2019 through 2022, the United States Fish and Wildlife Service (FWS) issued twenty-one whistleblower awards to individuals who provided high-quality information about wildlife crime. From November 21, 2019 through August 12, 2022, FWS paid out twenty-one whistleblower awards.
Over our last strategy from 2019-2023, we estimate that our work had an indirect positive impact on an estimated 209 million lives and US$116 billion dollars of public spending. We will make sure our solutions are co-built with local partners who will own an important ‘problem’ and who will own and scale the approach.
When we asked which issue areas are most important to you, we saw a deep alignment with our own increased investment in anticorruption, sustainability, and electronic procurement. These will be important points to double down on in our new strategy. More importantly, there was virtually no gap in our indicators across gender.
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.
In its decision, the Fujitsu court emphasized the importance of upholding the contracting parties’ intentions when assessing the validity of arbitration agreements and considered when federal courts might abstain from exercising jurisdiction. Fujitsu Electronics was later acquired by Kaga Electronics Co., Ltd. (“Kaga”).
federal courts between 2011 and 2019. Whatever the reason for the high rate of uncontested outcomes, we believe they are an important feature of parties’ post-award conduct. While our dataset is free from some of the methodological limitations of those in prior studies, our findings are still subject to important limitations.
unofficial translation) When a dispute arose in 2019, PPSB initiated arbitration and requested the Judge of the District Court of Rotterdam (“the District Court”) to appoint an arbitrator in accordance with Article 1027(3) of the Dutch Arbitration Act (“DAA”).
And NASA’s had a requirement since, I think, 2019 to have cybersecurity requirements for the missions they fly. It’s also important to be thinking about the entire lifecycle of a spacecraft. And I think a lot of those principles are important in space as well. Easy to say, well, hey, I can talk to the ISS.
Focusing on arbitration, Odynski referred to the 2019 ICC Task Force Report on Climate-Related Disputes in Arbitration. Netherlands ), and the increasing number of environmental obligations in investment treaties as a basis for States’ counterclaims ( e.g. , 2019 Dutch Model BIT ; Burlington v. Ecuador for an example).
The KSA’s Government Tenders and Procurement Law also received an important update in June 2023 with the issuance of Resolution No. The KSA’s Government Tenders and Procurement Law also received an important update in June 2023 with the issuance of Resolution No. We look forward to attending the SCCA24 Conference !
The keynote address also offered insights into ICC case statistics, revealing Paris as the consistent top choice throughout the years, 2008-2022, except for two instances in 2019 and 2021 when London briefly took the lead. Closing off, Ms.
decision 4A_306/2019 of 25 March 2020, para. 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 decision 4A_398/2021 of 20 May 2022, para.
1) See in general: J Ole Jensen, ‘Tribunal Secretaries in International Arbitration’, (Oxford University Press, 2019). References [ + ] References ↑ 1 See in general: J Ole Jensen, ‘Tribunal Secretaries in International Arbitration’, (Oxford University Press, 2019).
Every conceivable type of risk is covered […]” 1) Gabriel/Haugeneder/Pörnbacher, Art 33 in VIAC Handbook (2019) mn 29. 2) Gabriel/Haugeneder/Pörnbacher, Art 33 in VIAC Handbook (2019) mn 31. References [ + ] References ↑ 1 Gabriel/Haugeneder/Pörnbacher, Art 33 in VIAC Handbook (2019) mn 29.
Unlike some of the other instruments discussed in the Working Group, the idea of an advisory centre enjoyed general support among delegations from the start (Working Group III, October 2019 Session Report , para. Yet important differences are at play. 28, and September 2022 Session Report , paras. 43 and 85).
2019-11, Award dated 31 January 2022; Manuel García Armas et al v Venezuela , CPA 2016-08, Award on Jurisdiction dated 13 December 2019; Enrique Heemsen v Venezuela , CPA 2017-18, Award on Jurisdiction dated 29 October 2019).
Amongst others, I faced several criminal charges in 2019 relating to certain acts allegedly committed during my earlier tenure as Director of AIAC. It is now important for the Centre to show that it is independent and efficient with a commitment to promote ADR services in Asia and beyond.
The general importance of climate change-related disputes can be measured on the steady increase of cases which are being brought by environmental advocacy organisations or governments in anticipation of the massive costs related to adapting to or mitigating climate change. 2 O 285/15 Essen High Court).
The COC appealed to the Supreme Court, which set aside the NCLAT judgment, highlighting the importance of the “clean slate” doctrine under the IBC. The Delhi High Court Judgment Following the Supreme Court’s decision, the resolution plan was implemented and Arcelor Mittal acquired Essar in 2019.
The panel considered there to be benefits in sport-specific issues, including transgender participation in sport, safe-guarding and governance issues, being arbitrated by expert sports tribunals, but noted the importance of developing transparent precedent in this area given the public importance.
While there is progress to be made in the thought leadership space and in ensuring greater independence from governments, Professor Rajoo considered the conference as an important opportunity “ to contribute to the collective momentum propelling us towards groundbreaking advancements in the field of arbitration” in Asia.
Advantages to providing safeguards to funded parties The speakers were in agreement that the interest of the funded client must remain at the forefront of any funding arrangement, and as such, regulation surrounding issues of disclosure, conflicts of interest, and ethical actions of funders in relation to settlements, were of paramount importance.
Dione Assis (Partner, Galdino & Coelho Advogados) presented the important work of the Black Sisters in Law. One cannot overstate the importance of diversity and inclusion in arbitration and other fields of law. That is, indeed, what arbitrators (Hercules or otherwise) should strive to achieve when resolving business disputes.
The relative paucity of Med-Arb clauses in cross-border contracts involving parties from some parts of the world may also help to explain the relatively few ratifications of the 2019 Singapore Mediation Convention. The overall growth in Med-Arb provisions in ICA has not yet had much impact on investment treaties and therefore on ISA.
Introduced in 2019, this law emphasized the importance of economic freedom, good faith, and the respect for contracts. That is why the Brazilian Economic Freedom Act might be important after all. General Company for Ports of Iraq (2019) and Gasum v. General Company for Ports of Iraq (2019) and Gasum v.
In 2019, Mozambique brought claims in England and Wales seeking damages resulting from it entering into the Guarantees. The dispute also became knowns as the ‘tuna bonds’ or ‘hidden debts’ scandal.
The alleged trust declarations were either issued before the Fund had acquired legal personality in 2019, rendering them ineffective, or they did not adhere to the stringent legal requirements for establishing a trust in land as mandated by 53(1)(b) of the Law of Property Act 1925. In particular, s.53(1)(b) 53(1)(a) and s.53(1)(c)
These steps have also been important for intra-African trade. Is the supervision of the English courts still important in light of the Nigeria v P&ID experience for example? Or does Africa still have some way to go? Should investors be pushing back on African seat proposals when negotiating arbitration clauses?
Enhancing the transparency of government in general and of public procurement processes in particular has been increasingly on the agenda of governments, civil societies and businesses as evidenced by initiatives such as the Open Government Partnership which has seen 70 OGP members making 189 open contracting commitments by March 2019 [1].
She brings national and international experience in leading disputes practices in Melbourne and in Paris as well as valuable in-house experience at the front end of projects and the back end of disputes in construction and energy—two of the most important industries at ACICA. Past interviews are available here.
However, Mota Engil had already lodged its request for arbitration in December 2019. Paraguay carries important lessons for both parties, but specially for Paraguay, in both arbitration and contractual law. Second, the importance of a well-drafted construction agreement. Conclusion The award in Mota Engil v.
Adherence to these principles becomes all the more important in the context of growing mistrust and disillusion in the status quo , where heightened criticisms of international arbitration that threaten to undermine the mechanism’s effectiveness may occur. However, many of these tools are inapplicable or are subject to restrictions.
The complexity of proving causation, as shown by research conducted by the Brazilian Federal Court of Accounts (“TCU ”) in 2019, was exemplified by the fact that 47% of construction projects in Brazil are stalled due to technical issues, which often result in judicial or arbitral disputes.
In the Partial Award of 22 February 2019 , the tribunal relied on “a good faith interpretation” to advance an argument clearly based on a sentiment of justice or morality, according to which it would not be right for Russia to deny protection to Ukrainian investors in Crimea under the Russia-Ukraine BIT. Russian Federation , PCA Case No.
The panel concluded by agreeing on the importance of consulting legal and quantum experts as early as possible in the dispute resolution process. References [ + ] References ↑ 1 2018 SCC OnLine Del 8842, paras 145-146 ↑ 2 2019 SCC OnLine Del 6755, paras 35-36 ↑ 3 The Board of Trustees of the Port of Kolkata v.
In 2019, the SCIA established its Hong Kong branch (SCIA-HK), achieving a dual-jurisdictional presence. Conclusion The panel focused on two important aspects of Sino-U.S. The focus of the panel reflects California’s importance in facilitating commercial dispute resolution between the U.S. and Chinese courts.
It is important to underline that articles 2059 and 2060 of the FCPC are not applicable to international arbitration. French family lawyers, law professors, notaries and arbitration experts have developed both in theory and practice, the application of arbitration in family law.
We organize all of the trending information in your field so you don't have to. Join 5,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content