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 40

Bidder Transparency Public Procurement Contract 40

Kluwer Arbitration

JANUARY 29, 2024

1 Netherlands Model BIT 2019 ), CSR clauses (e.g. To prevent even minor transgressions from falling under the clause, a threshold-requirement of serious violations could be introduced. 1 Netherlands Model BIT 2019 ). This contribution seeks to shed light on this question. 14 Brazilian Model CFIA 2015 ), and ESG clauses (e.g.

Sustainability 52

Sustainability Impact Assessment Thresholds Contract 52

Kluwer Arbitration

SEPTEMBER 16, 2024

However, considering the greater risk, efforts, time, and expenses involved in non-recognition of an award as opposed to the removal of an arbitrator during the arbitration proceedings, courts across the world have applied a higher threshold of bias to prevent the enforcement of an award than the standards set for ordinary judicial review.

Thresholds 52

Thresholds Corruption IT Sustainability 52

Kluwer Arbitration

JULY 26, 2024

In 2019, after Ecopetrol sought confirmation of the Awards in the U.S. To rule on Forbes IP’s petition, the Court applied the China Trade test which requires the movant to pass two threshold requirements and prevail on the balancing of five discretionary factors. District Court for the Southern District of New York (‘S.D.N.Y’

Insurance 52

Insurance Thresholds Media Contract 52

Kluwer Arbitration

MAY 22, 2024

The ANM further reiterated this in April, August 2017, and December 2019. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations. Mr. Martínez de Hoz, an arbitrator in this case, dissented.

Balance 52

Balance Participation Impact Assessment Thresholds 52

Kluwer Arbitration

MAY 24, 2024

The ANM further reiterated this in April, August 2017, and December 2019. In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations. Mr. Martínez de Hoz, an arbitrator in this case, dissented.

Balance 52

Balance Participation Impact Assessment IT 52

Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force. This changed seven years later with the adoption of the Protocol on Investment to the African Continental Free Trade Area Agreement.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

JANUARY 16, 2024

2018BiHap30171, 11 June 2019 Hyunyang Koo and Minjae Yoo, Lee & Ko, ITA Reporters for South Korea Recently, a Korean District Court rendered a decision on the validity of an arbitral clause that made reference to a non-existent arbitral institution. A high threshold is applicable to s. Supreme Court of Chile, Decision No.

Corruption 52

Corruption Insurance IT Contract 52

Kluwer Arbitration

MARCH 7, 2025

200.220.724/01, 19 November 2019 Richard Hansen, Linklaters LLP, ITA Reporter for the Netherlands This Court of Appeals decision regards a setting aside claim. The Singapore High Court, presided by Justice Mohan, dismissed the application, reiterating the high threshold for judicial intervention in arbitration. Korbusiness B.V.

E-procurement 52

E-procurement Thresholds Import Distribution 52

Kluwer Arbitration

NOVEMBER 24, 2024

2019 ONCA 254 , itself concerned with domestic arbitration, the CA emphasized the limited scope of judicial oversight in domestic ( Arbitration Act , s.46(1)(3)) It also highlights the high threshold that must be met to challenge an arbitration award on jurisdictional grounds successfully. Relying on Alectra Utilities Corporation v.

Balance 52

Balance Import Utilities Thresholds 52

Kluwer Arbitration

MARCH 17, 2025

By agreeing to have the arbitration administered pursuant to the LCIA Rules, the parties therefore agree that the tribunal, after giving the parties a reasonable opportunity to state their views, will have the power to make an Early Determination subject to satisfying the relevant threshold tests. The author thanks Keshav D.

Efficiency 59

Efficiency Balance Thresholds Import 59

Kluwer Arbitration

NOVEMBER 5, 2024

Background The dispute between the parties arose in 2019 due to 111 not receiving payment for maintenance services it provided to Albatros. Albatros airlines—see here (judgment 29 Feburary 2024), here (judgment 26 March 2024), and here (judgment 14 June 2024)).

Balance 59

Balance Engineering Procurement IT 59