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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. in 2020 to 96% and single-bid tenders decreased across all methods – from 62.5% in 2020 to 59.7% Corruption in public procurement makes us poorer and takes our rights away.”
This discussion underscored the critical need for ongoing reform and capacity building, while also highlighting the importance of cultural sensitivity and local engagement. She explained that the Tongan International Arbitration Act 2020 was enacted in view of the pressing need to attract FDI. see further here and here )).
Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s public procurement. Finally, the Anti-Corruption Agency is proactively supporting the development of civic monitoring and has agreed to cooperate with the civil society coalition to monitor procurement.
Part I focuses on the scope of arbitration clause and its validity in the context of a party’s (in)capacity of discernment, as well as on the new developments regarding res iudicata. Part II explores new case law on the enforcement of arbitral awards. Please see Part II for further developments in 2023.
In 2005, a subsidiary of the Investors entered into an agreement with Antrix Corporation Ltd (Antrix), a corporation wholly owned by India, for the lease of space segment capacity on two Indian satellites that were yet to be built. The Australian enforcement proceedings related only to the latter quantum award.
In 2024, we look towards implementation of the resolution and participation at the International Anti-Corruption Conference (IACC) in Lithuania this summer. Organizations we work with more as allies, advocates, or co-implementers may not be seeking capacity-building support from us in the first place.
We are grateful to have the opportunity to showcase AFSA, one of Africa’s top five arbitral centres, as highlighted in the SOAS 2020 Arbitration in Africa Survey Report. In 2020, the SOAS 2020 Arbitration in Africa Survey Report identified 91 arbitral centres in Africa, although not all carry out the functions of an arbitral centre.
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. Beyond its initiatives, LACIAC also endeavours to promote and support events aimed at capacity building for local practitioners.
Government Incentives and Investments in CCUS After a disappointing couple of decades for CCUS, the industry turned a corner in 2020, with governments and private industry worldwide investing at least US$ 25 billion into CCUS programs. The flush of new public cash for CCUS is not limited to the United States.
Finally, the vast majority of African states (forty-two out of fifty-four) have now adopted the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards , including Malawi, Sierre Leone, Ethiopia, and the Seychelles since 2020.
403/2020 (Civil) , Dubai Court of Cassation No. 5/2020 (Commercial) , and Dubai Court of Cassation No. 1016/2020 (Commercial). 403 of 2020 (Civil) , enforcement of the foreign award was refused because the award was signed only on the last page. For example, in Dubai Court of Cassation No.
In a partial award issued on 13 June 2020, a majority of the tribunal rejected Gabriele’s counterclaim and set aside Delanson’s distribution to Gabriele based on a breach of the trusts and for an improper purpose. Relevantly, Gabriele filed a counterclaim seeking, inter alia , to set aside the trust on the grounds of mistake.
She examined in what manner small states have been (i) accessing courts to get them to address climate change in international law; (ii) shaping the legal landscape and the law in so doing; and (iii) considering international law’s capacity to provide actual legal remedies. All are available to watch in full here.
The Kingdom of Spain , another two Dutch companies obtained an award in 2020 from a Swiss-seated UNCITRAL tribunal. Judge Leon sided with Spain and dismissed the petition, explaining that under the Treaty of Lisbon , Spain “lacked the legal capacity to enter into agreements inconsistent with their obligations under the EU Treaties.”
The government attorney, appointed as arbitrator by Petros, had previously acted under several capacities, between 2010 and 2015, at the governmental entity Superintendência Nacional de Previdência Complementar (“Previc”). Enauta Energia SA and Barra Energia do Brasil Petróleo e Gás, discussed here ).
In 2020, the Court of appeal decided in the Hayley v Hayley case, that the challenge of an arbitral award ruling on matters of family law would be treated in a more flexible matter by subjecting it to the rules of appeal against a court decision, rather than the stricter rules provided by the Arbitration Act 1996.
Originally scheduled for March 2020, the event was, of necessity, postponed when COVID-19 swept away all before it. This growth trajectory underscores the confidence and trust the global legal community places in AFSA’s capacity to manage intricate international disputes.
GTI-WP/2020:01, Budapest: Government Transparency Institute. This suggests that the intervention increased the level of competition in tenders that were already competitive, but it increased the share of high-corruption risk, single-bidder contracts in the very short-run. Fazekas, M. & & Tóth, B.
The dispute concerns a 2005 contract for satellite spectrum capacity and satellite-broadcast wireless access services. Kluwer, 2020), §26.07]. Kluwer, 2020), §26.07]. The underlying dispute in this matter is a saga with which readers might be familiar. 2) See also Gary B. Born, International Commercial Arbitration , 3rd ed.
We will conduct a survey at the five-year mark to update the benchmark 2020 Australian Arbitration Survey to help track progress of evolving user needs, and will continue to be transparent about sharing data, as we did in our 2022 Reflections Report and release of case load statistics. Past interviews are available here.
In May 2020 Dr. Stampa made a preliminary award accepting jurisdiction. He advises and appears for Malaysian State entities in arbitral and litigation matters and is involved in a limited capacity in the Sulu dispute. Stampa determined a Spanish seat. He has not represented Malaysia in any of the proceedings.
In a recent case ( Case 35140-2020-71-AAC ) brought before the Plurinational Constitutional Court of Bolivia (“Court”), the extraterritorial jurisdiction issue arose in relation to an order issued within ICC emergency arbitration proceedings seated in Santiago, Chile.
Attempts by parties to torpedo their ongoing cases (particularly when they are not progressing favourably) by simply triggering insolvency protection in their home jurisdiction can backfire and generate scepticism from arbitrators and courts acting in an arbitration-capacity. 12 November 2020, no. 15 May 2024, no. 9/1169 , para.
The Working Group III, during its 47th and 48th sessions (succeeding the 43rd and 46th discussions), discussed the draft statute of the Advisory Centre, which, per articles 6 and 7 of the draft statute, has the mandate of capacity building and provision of legal support and advice with regard to an international investment dispute proceeding.
With regard to the trainee, the SFSC also saw no bias, as he had only worked for the sole arbitrator in a subordinate capacity and under his supervision. Subsequently, NIOC applied to the SFSC for revision of the 5 May 2020 award under Article 190a(1)(c) PILA. 14(2) ICC Rules ). The SFSC rejected both applications.
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