2019, Corruption and Influencing - Public Procurement Central

Misreporting of Tesla Safety Violations Highlight Narrow Parameters of SEC Whistleblower Program and Need for Employee Education

Whistleblower Network News

NOVEMBER 16, 2023

Part of a crew established to prepare Teslas for delivery to Norwegian customers, Krupski was hailed a hero by CEO Elon Musk when he put out a fire catalyzed by an improperly modified charging device, severely burning his hands, at a motor show in Oslo in 2019. They plan to dispute that Krupski had been subject to retaliation.

Education

Education Whistle-blowing Media Data

Reasonable Doubts on Impartiality: The Chilean Court of Appeals Annuls an Arbitral Award Based on the Metadata of the PDF Document

Kluwer Arbitration

NOVEMBER 7, 2024

Rationale for the Court’s Decision and Analysis The Court found that the circumstances did indeed constitute a serious infringement or abuse, as the authorship of the award was called into question, raising doubts about a potential influence from one of the parties.

Influencing

Influencing Integration Integrity Import

Examining the Delegation of the Power to Determine Arbitrability: Insights from Fujitsu Semiconductor Ltd. v. Cypress Semiconductor Corp.

Kluwer Arbitration

AUGUST 23, 2024

Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. In 2019, Kaga-Fujitsu Electronics sued Cypress in California state court for breach of contract, and Cypress filed a cross-complaint against Kaga-Fujitsu Electronics and Fujitsu Semiconductor.

Electronics

Electronics Influencing Import Corruption

Climate Change or Change of Climate?

Kluwer Arbitration

MAY 14, 2024

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).

Supply Chain

Supply Chain Corruption Transparency Influencing

What Does Costa Rica’s New Arbitration Law Mean for Domestic and International Cases?

Kluwer Arbitration

NOVEMBER 10, 2024

To address this situation, in 2019, Costa Rica’s leading arbitration centers created a commission with the task of adapting Costa Rica’s arbitration laws to current international standards. This was achieved with the approval of Bill number 23,259 that became Law No.

Influencing

Influencing Corruption IT Education

Cross-Fertilisation in International Commercial Arbitration, Investor-State Arbitration and Mediation: The Good, the Bad and the Ugly?

Kluwer Arbitration

FEBRUARY 11, 2024

It teases out some connections or influences among ICA, investor-State arbitration (“ISA”), and international and domestic mediation, which I have also sought to represent visually in the graphic below. My address will take an even more encompassing view (and will be available as a full paper here after the public lecture).

Negotiation

Negotiation Influencing Corruption Consulting

Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)

Kluwer Arbitration

DECEMBER 26, 2023

Amongst others, I faced several criminal charges in 2019 relating to certain acts allegedly committed during my earlier tenure as Director of AIAC. Can you please tell us about one particular position or experience that you held and how it influenced your career?

Influencing

Influencing Efficiency Leadership Innovation

Bahrain Court of Cassation Explains the Effects of Mediation on the Arbitration Agreement

Kluwer Arbitration

JANUARY 22, 2024

22 of 2019 Concerning Mediation For The Settlement Of Disputes (“Mediation Law”), mediation is a mechanism whereby a third party aims to bring the disputing parties closer to each other to be able to reach a settlement. This understanding may influence the way courts interpret the parties’ agreement in cases of doubt.

Influencing

Influencing Contract IT Corruption

An Overview of the First Draft of the Multilateral Instrument on ISDS Reform

Kluwer Arbitration

SEPTEMBER 5, 2024

Since 2019, a multilateral instrument on investor-State dispute settlement (“ISDS”) reform (“MIIR”) has been under discussion by UNCITRAL Working Group III (“WGIII”) as a potential mechanism for implementing a suite of reforms to ISDS.

Influencing

Influencing Corruption IT Participation

LIDW 2024: Shifting Attitudes Towards Third Party Funding – Views From Across the Globe

Kluwer Arbitration

JUNE 7, 2024

As such, it served as a useful reminder to arbitration practitioners that regulatory approaches in respect of one might well influence attitudes towards the other. In keeping with the ethos of LIDW, the discussion covered funding with respect to both arbitration and litigation.

Import

Import Ethics Influencing Negotiation

2023 Year in Review: Trends and Developments in East and Central Asia

Kluwer Arbitration

JANUARY 14, 2024

Influenced by civil law practice, these rules stand out for its requirements of tribunals to offer preliminary opinions on factual and legal issues, thus facilitating settlement discussions based on case strength and enhancing arbitration efficiency. The focus is to ease access to Japanese courts for enforcing arbitration awards.

Negotiation

Negotiation Innovation Efficiency Influencing

Sanctions in Current Geopolitical Climate: Challenges to International Arbitration in the Context of the Russia-Ukraine War

Kluwer Arbitration

APRIL 3, 2024

It observed that the claimant, who was sanctioned by the EU, would not receive a fair trial at the HKIAC due to the UK’s historical influences over Hong Kong’s legal system and the role British and European judges played in the city’s judiciary. However, many of these tools are inapplicable or are subject to restrictions.

Influencing

Influencing Balance Import Capacity

Arbitrators’ Duty to Disclose under Brazilian Law: The Case of Government Attorneys Seating as Arbitrators

Kluwer Arbitration

APRIL 22, 2024

57/2019, which expressly prohibits AGU’s attorneys to undertake private engagements related to alternative dispute resolution, e.g. , arbitration, mediation, conciliation, and negotiation. In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.

Government

Government Government Capacity Influencing

BRAMIA: An Alternative to ISDS

Kluwer Arbitration

DECEMBER 4, 2023

” Letter from the Stop ISDS movement to the President of the European Union Council (2019) Arbitration lawyers are proud of their profession. We need to end these corporate courts now! Rights for people, rules for corporations.” Contrastingly, BRAMIA allows some state and social control over dispute proceedings.

Balance

Balance Contract Transparency Tender

Brazil’s BRAMIA: An Alternative to ISDS?

Kluwer Arbitration

DECEMBER 4, 2023

” Letter from the Stop ISDS movement to the President of the European Union Council (2019) Arbitration lawyers are proud of their profession. We need to end these corporate courts now! Rights for people, rules for corporations.” Contrastingly, BRAMIA allows some state and social control over dispute proceedings.

Balance

Balance Contract Transparency Tender

Measuring the benefits of open contracting: Case studies on Mexico, Paraguay, and Slovakia

Curbing Corruption in Government Contracting

JANUARY 21, 2020

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].

Bidder

Bidder Transparency Contract Public Procurement

SIAC Manila Conference 2023: Deep Dive into Arbitration Trends in the Philippines

Kluwer Arbitration

NOVEMBER 4, 2023

While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘ SIAC Manila Conference 2023: Deep Dive into Arbitration Trends ’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap the conference attendees at 500 practitioners, government representatives, and in-house counsel.

Purchasing

Purchasing Participation Efficiency Influencing

Public Procurement Central

Misreporting of Tesla Safety Violations Highlight Narrow Parameters of SEC Whistleblower Program and Need for Employee Education

Reasonable Doubts on Impartiality: The Chilean Court of Appeals Annuls an Arbitral Award Based on the Metadata of the PDF Document

Trending Sources

Examining the Delegation of the Power to Determine Arbitrability: Insights from Fujitsu Semiconductor Ltd. v. Cypress Semiconductor Corp.

Climate Change or Change of Climate?

What Does Costa Rica’s New Arbitration Law Mean for Domestic and International Cases?

Cross-Fertilisation in International Commercial Arbitration, Investor-State Arbitration and Mediation: The Good, the Bad and the Ugly?

Interviews with Our Editors: In Conversation with Datuk Sundra Rajoo, Director of the Asian International Arbitration Centre (AIAC)

Bahrain Court of Cassation Explains the Effects of Mediation on the Arbitration Agreement

An Overview of the First Draft of the Multilateral Instrument on ISDS Reform

LIDW 2024: Shifting Attitudes Towards Third Party Funding – Views From Across the Globe

2023 Year in Review: Trends and Developments in East and Central Asia

Sanctions in Current Geopolitical Climate: Challenges to International Arbitration in the Context of the Russia-Ukraine War

Arbitrators’ Duty to Disclose under Brazilian Law: The Case of Government Attorneys Seating as Arbitrators

BRAMIA: An Alternative to ISDS

Brazil’s BRAMIA: An Alternative to ISDS?

Measuring the benefits of open contracting: Case studies on Mexico, Paraguay, and Slovakia

SIAC Manila Conference 2023: Deep Dive into Arbitration Trends in the Philippines

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