Open Contracting Partnership

FEBRUARY 1, 2024

In 2024, we look towards implementation of the resolution and participation at the International Anti-Corruption Conference (IACC) in Lithuania this summer. Together with the global community, we were able to close out 2023 with a big advocacy win, with the UN’s first ever resolution on public procurement passed in December.

E-procurement 74

E-procurement Public Procurement Capacity Procurement 74

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 52

Supply Chain Corruption Transparency Influencing 52

Kluwer Arbitration

AUGUST 8, 2024

The Claimant commenced court proceedings in 2019 seeking to be paid under the insurance policy for the value of the property which became uninhabitable following a partial collapse of the cliff on which the property was built. Patterson Bannon Architects Ltd & ors [2019] IEHC 311 and K&J Townmore Construction Limited v.

Insurance 52

Insurance IT Efficiency Participation 52

Kluwer Arbitration

SEPTEMBER 26, 2024

The resolution professional admitted the claim at a notional value of INR 1 (approximately USD 0.012) to ensure Indian Oil’s participation in the insolvency process. The Delhi High Court Judgment Following the Supreme Court’s decision, the resolution plan was implemented and Arcelor Mittal acquired Essar in 2019.

Participation 52

Participation Negotiation Import Corruption 52

Kluwer Arbitration

JUNE 23, 2024

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. The Advisory Centre’s Mandate Participating in ISDS proceedings requires time and money. 43 and 85).

Export 52

Export Finance Sustainability Capacity 52

Kluwer Arbitration

OCTOBER 12, 2023

The panel discussed anti-doping, concussion, safe-guarding and transgender participation in sports. 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

Media 52

Media Transparency Participation Import 52

Kluwer Arbitration

FEBRUARY 2, 2024

Absent agreement on a tribunal, the claimants applied to the Madrid Superior Court (MSC) which in 2019 appointed Dr. Gonzalo Stampa as sole arbitrator. The arbitration proceeded without active participation by Malaysia, who maintained that the Agreement contained no arbitration clause. Dr. Stampa determined a Spanish seat.

IT 52

IT Capacity Government Government 52

Kluwer Arbitration

SEPTEMBER 27, 2024

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.

Sustainability 52

Sustainability Engineering Distribution Contract 52

Kluwer Arbitration

JULY 7, 2024

On 8 April 2024, following lengthy discussions dating back to 2019, the UNCITRAL Working Group III (“WGIII”) completed the draft statute of an advisory centre on international investment dispute resolution (“Advisory Centre”) (see previous coverage ).

Education 52

Education Efficiency Integrity Integration 52

Kluwer Arbitration

OCTOBER 27, 2023

Introduced in 2019, this law emphasized the importance of economic freedom, good faith, and the respect for contracts. General Company for Ports of Iraq (2019) and Gasum v. Brunner suggests, parties’ participation in shaping solutions is definitely a better alternative than an outright intervention by adjudicators.

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

JANUARY 14, 2024

As for Hong Kong, our contributor looked at the four years in practice of the Interim Measures Arrangement, which, since coming into effect in October 2019, has emerged as a preferred method for interim measures between Mainland China and Hong Kong in arbitrations. In this respect, our contributors reported on a conference in Washington, D.C.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

FEBRUARY 16, 2024

However, the father and his sons were involved in the implementation of the loans as they participated in the decisions on the investments to be made with the funds in question, personally benefited from part of these funds and actively participated in the discussions on the repayment of the loans in the context of the French tax procedure.

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

JUNE 7, 2024

The panel discussion covered three topics: participants introduced their respective jurisdiction’s stance on TPF, debated the merits of codifying current practices, and shared their views on how formal rules permitting TPF could impact a jurisdiction’s popularity as a forum.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

JULY 11, 2024

Bayzakova in 2019 , the TIAC has played a leading role in advancing arbitration in Uzbekistan and has also hosted successful Uzbek Arbitration Weeks since 2021. Our students are encouraged to participate in international moot competitions to sharpen their advocacy skills as well. Since the last interview with Ms.

Capacity 52

Capacity Efficiency Collaboration Innovation 52

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 52

Influencing Corruption IT Participation 52

Kluwer Arbitration

MARCH 20, 2024

Conclusion Laborde Law’s conference allowed the participants to delve into two fascinating topics on the subject of investment arbitration. Ms Fatás Pérez added that negotiations on the creation of a multilateral investment court would still require significant work.

Negotiation 52

Negotiation IT Corruption Quality 52

Kluwer Arbitration

JANUARY 21, 2024

At Hong Kong Arbitration Week 2023 , participants observed that the Hong Kong International Arbitration Centre Case Connect , launched in 2021, has been used by at least 34 arbitral tribunals, benefiting 80 parties as of September 2023. The European Parliament made further advances in 2023 with its AI Act.

Ethics 52

Ethics Electronics Efficiency Collaboration 52

Kluwer Arbitration

DECEMBER 14, 2023

The Centre has had four editions since 2019, with the fourth being a hybrid event with physical participation in Accra, Ghana. These include the regional training workshop on Dispute Management in Africa Infrastructure Projects (DiMAP) which focuses on dispute management and resolution, claims management, etc.

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

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.”

Balance 52

Balance Contract Transparency Tender 52

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.”

Balance 52

Balance Contract Transparency Tender 52

Kluwer Arbitration

OCTOBER 20, 2024

What has been encouraging to see, and in my view will continue, is that more and more practitioners from Hong Kong and the region, including many who are fully bilingual in English and Chinese, have started practicing in international arbitration and participating in thought leadership. Past interviews are available here.

Efficiency 52

Efficiency Innovation Leadership Integrity 52

Kluwer Arbitration

SEPTEMBER 27, 2023

There was significant improvement in arbitrator appointments for women over the last decade from 14% of total appointments to 27% in 2019, 38% in 2020, and 40% in 2021. Another focus of the ACICA is the greater participation of women as speakers in conferences. Further details of the initiative can be found here.

Import 40

Import Balance IT Corruption 40

University of Bristol

AUGUST 23, 2021

NHS commissioning takes place in a largely in-house environment where NHS buyers commission services primarily from NHS suppliers, but also with mixed private participation by both for-profit and third sector providers. But the mere fact that a contract is being complied with should not generate legal grounds for its (indefinite) extension.

Tender 52

Tender E-procurement Procurement Transparency 52

Whistleblower Network News

DECEMBER 6, 2023

In the leadup to the 10th Conference of States Parties ( CoSP 10 ) to the UN Convention Against Corruption (UNCAC), members of Civil Society are encouraging UNCAC to pass a dedicated whistleblower resolution. NWC’s statement focused on two categories of corruption: Money Laundering and Environmental Corruption.

Corruption 92

Corruption Negotiation Accountability Transparency 92

Kluwer Arbitration

NOVEMBER 28, 2023

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).

Negotiation 59

Negotiation Balance Contract Corruption 59

Kluwer Arbitration

MAY 22, 2024

The ANM further reiterated this in April, August 2017, and December 2019. The tribunal stated Colombia acted transparently, publicizing the páramo delimitation, to the point that Red Eagle itself took the chance to participate in such delimitation.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

MAY 24, 2024

The ANM further reiterated this in April, August 2017, and December 2019. The tribunal stated Colombia acted transparently, publicizing the páramo delimitation, to the point that Red Eagle itself took the chance to participate in such delimitation.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

DECEMBER 16, 2023

Mr. Erik Franco , General Counsel of Engie Peru, noted that he participated in the elaboration of the ICC Report on Climate Change (also reported here ). In short time, the AI was corrupted by the users and started sending out violent messages. There is still few cases dealing with AI-related issues and Ms.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

OCTOBER 11, 2024

There is no breach of the principle of the equity of the parties if an Arbitrator participated in another arbitration with the same parties and a similar case file. Oliveira e Merqueades Ltda (Vanorry Holding Eireli) & Sppatrim Administracao e Participacoes Ltda v. 1679/2018).

Insurance 52

Insurance Participation Contract IT 52

Whistleblower Network News

FEBRUARY 29, 2024

As Black History Month transitions into Women’s History Month, WNN highlights Dr. Toni Savage, Bunny Greenhouse, and Dr. Duane Bonds, whose outspoken whistleblowing activity against corruption led to significant change. In June 2019, Greenhouse was featured in a news documentary on the CBS program Whistleblower , available to watch online.

Whistle-blowing 100

Whistle-blowing Engineering Corruption Contract 100

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 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

DECEMBER 4, 2024

Although not explicitly addressed in the Award, it is understood by the author of this article that the delayed participation of the joining parties (TPP and TMC) was prompted by Respondents raising pivotal issues related to the calculation of the PSF. Are TPP and TMC Parties to the Agreement? We now await the Respondents’ answer in the U.S.

Contract 52

Contract Negotiation Transportation Transportation 52