Kluwer Arbitration

MARCH 2, 2024

Successful challenges on this basis are rare: the English Commercial Court data recorded that in 2020-2021, only one out of 26 applications succeeded – a success rate of 4%. Is More Transparency Necessary to Ensure the Integrity of the Process? Clear guidance (perhaps at an institutional level) would be welcome.

Corruption 52

Corruption Ethics Transparency Import 52

Kluwer Arbitration

MARCH 25, 2024

Unless and until Mongolia embraces a stable business environment that transparently creates and predictably implements laws and regulations, investors will likely find Mongolia too risky and opt for more competitive countries. In 2020, the mining sector accounted for 21.6%

Transparency 105

Transparency Negotiation Price Export 105

Curbing Corruption in Government Contracting

MARCH 6, 2020

Improving transparency in public procurement, that is publishing more and better-quality data, supports accountability by enabling greater scrutiny over processes and outcomes as well as helping to achieve greater competition and better value for money. GTI-R/2020:1, Budapest: Government Transparency Institute. Dávid-Barret, E.,

Data 52

Data Procurement E-procurement Transparency 52

Kluwer Arbitration

SEPTEMBER 14, 2024

This is important indeed, but enhanced transparency risks aggravating issues, especially when complex. It had earlier failed in a constitutional challenge before the HCA contesting this legislation involving an iron ore project (see Zeph’s request for consultations on 14 October 2020 under a bilateral FTA here ).

Transparency 52

Transparency Integrity Integration Government 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

GTI-WP/2020:01, Budapest: Government Transparency Institute. It establishes a robust methodology to explore what impacts can be measured and also explores the channels through which transparency is indeed impactful – e.g. who are the stakeholders and enablers that are the actual drivers of change using increased transparency.

Bidder 40

Bidder Transparency Public Procurement Contract 40

Kluwer Arbitration

JANUARY 12, 2024

Back in 2020, we had reported on the Heemsen v. Corruption allegations in arbitration proceedings relating to Peru remain very common. Peru , where the tribunal dismissed Peru’s ratrionae materiae objection based on corruption allegations. Venezuela The dual nationals saga continued in Venezuela.

Corruption 52

Corruption Telecommunication Tender Insurance 52

Kluwer Arbitration

MAY 14, 2024

Arbitration has several features that suit the resolution of climate change disputes: neutral forum, arbitrators with specialist expertise, procedural flexibility, confidentiality (though in tension with transparency), and ease of enforcement. Similarly to cases involving corruption or money laundering.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

How to Crack a Nut

MARCH 28, 2023

The 2020 European strategy for data ear-marked public procurement as a high priority area for the development of common European data spaces for public administrations. The remaining 80% are spread, in different formats, at national or regional level and difficult or impossible to re-use for policy, transparency and better spending purposes.

Procurement 52

Procurement Public Procurement Buyers Thresholds 52

Kluwer Arbitration

DECEMBER 14, 2023

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. Can you tell us a little bit about the Adjudication Rules which LACIAC introduced on 9 December 2020?

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

University of Bristol

AUGUST 23, 2021

It should be noted that the proposal runs in parallel to the also de-regulatory approach underpinning the December 2020 green paper Transforming Public Procurement [on which see here , here , and here , while we wait for the Government’s response to the public consultation]. This is the second fundamental area of change in the proposal.

Tender 52

Tender E-procurement Procurement Transparency 52

Kluwer Arbitration

JULY 12, 2024

On this point, Karel emphasised the different institutional approaches towards increasing transparency vis-à-vis arbitrator appointments, with counsel being responsible for learning the practice of each institution. Delays often stem from the excessive and misleading presentation of documents. Thus, the YRAP put this issue to formal debate.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

JUNE 8, 2024

Turning to Moscow, the RAC administered 362 disputes in 2023, with a significant increase in international cases, rising from 6 in 2020 to 81 in 2023. The institution has updated its rules to better address corporate disputes and emphasizes transparency and diversity, with 40% of its arbitrators being female.

Efficiency 52

Efficiency Import Finance Innovation 52

Kluwer Arbitration

APRIL 9, 2024

The CJEU agreed with the 16 December 2020 judgment of the General Court of the EU (“GCEU”), and with the European Commission in CASE AT. Therefore it must use that power in accordance with substantive criteria which are transparent, clear, and precise, and published in readily accessible form (para. European Commission.

IT 59

IT Management Participation Negotiation 59

Kluwer Arbitration

FEBRUARY 10, 2024

According to UNCTAD , in 2020, a violation of FET was alleged in “over 80 percent of known ISDS cases”, and “in cases decided in favor of the investor, breaches of the FET provision were the most commonly found violation”. See, e.g., Brazil-India BIT (2020) ; Brazil-Ethiopia BIT (2018) ; Brazil-Malawi BIT (2015).)

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

DECEMBER 24, 2023

The Blog went from a little over 8,000 readers/month in January 2010 to over 150,000 readers/month since January 2020, from every corner of the world, from the United States, to India, to Cuba, Gambia, Iceland, Bahamas, Mongolia, Algeria, Singapore, Hong Kong, Canada, Brazil, St. Kitts and Nevis, Andorra, and El Salvador.

Quality 59

Quality Management Collaboration Balance 59

Kluwer Arbitration

APRIL 1, 2024

Originally scheduled for March 2020, the event was, of necessity, postponed when COVID-19 swept away all before it. The Arbitration Foundation of Southern Africa (AFSA) will be hosting the first Johannesburg Arbitration Week (JAW) at the Sandton Convention Centre in Johannesburg, South Africa, from 9 to 11 April 2024.

Ethics 52

Ethics Influencing Integrity Integration 52

Kluwer Arbitration

OCTOBER 25, 2023

This environment, according to Al Tamimi, should be characterised by efficient procedures, transparent processes, and robust legal frameworks. Al Tamimi also highlighted the need for continued collaboration between legal professionals, institutions, and governments to create a more arbitration-friendly environment in Kuwait.

Collaboration 52

Collaboration Import Thresholds Efficiency 52

Kluwer Arbitration

OCTOBER 13, 2024

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.

Sustainability 52

Sustainability Quality Import Supply Chain 52

Kluwer Arbitration

OCTOBER 9, 2023

Following on from the previous question, one of the criticisms raised by survey respondents in the 2020 Australian Arbitration Report was the tendency of arbitration proceedings to mirror litigation. This interview is part of Kluwer Arbitration Blog’s “Interviews with Our Editors” series. Past interviews are available here.

Efficiency 52

Efficiency Balance Management Integrity 52

Whistleblower Network News

JANUARY 18, 2024

In December, the United Nations held the tenth session of the Conference of the States Parties (CoSP10) to the United Nations Convention against Corruption (UNCAC) in Atlanta. The Conference is the largest global anti-corruption gathering. Article 5 , and the IUCN’s Marseille Resolution 115, WCC-2020-Res-115 ).

Corruption 130

Corruption Whistle-blowing Finance Utilities 130

University of Bristol

NOVEMBER 15, 2021

It should then not be surprising that the possibility that artificial intelligence (AI) could ‘change the rules of the game’ (eg Santiso, 2019 ) and bring procurement corruption to an end is receiving significant attention.

Corruption 52

Corruption Public Procurement Procurement Data 52

Kluwer Arbitration

DECEMBER 9, 2023

The CIAM was created in 2020 from the merger of the international activity of the three main and most active, in terms of caseloads, arbitral institutions in Spain: the Madrid Court of Arbitration (CAM) , the Civil and Commercial Arbitration Court (CIMA) and the Spanish Court of Arbitration (CEA). Costs and Fees Annex No.

Efficiency 52

Efficiency Insurance Corruption Transparency 52

Whistleblower Network News

NOVEMBER 1, 2024

In the United States, monetary whistleblower awards have proven to be an effective tool in fighting corruption and rooting out fraud. This year, Ukraine has started paying out whistleblowers awards as it seeks to increase its anti-corruption efforts during its war with Russia. Ukraine implemented a whistleblower award law in 2019.

Corruption 117

Corruption Whistle-blowing Transparency Integrity 117

Kluwer Arbitration

NOVEMBER 14, 2024

RENACE was created in 2020 by the First Additional Final Provision of Urgent Decree No. 020-2020 , which amended the legal framework for arbitration proceedings involving the Peruvian State. Furthermore, the Decree’s explanatory memorandum indicates an intention to ensure that arbitration centers meet necessary standards.

IT 52

IT Quality Transparency Public Procurement 52

Kluwer Arbitration

NOVEMBER 6, 2024

Disputes arose, resulting in the commencement of two ICC arbitrations in December 2020, the “Offshore Arbitration” and the “Onshore Arbitration.” This transparency helps to mitigate concerns and uphold the high standards expected in international arbitration.

Finance 52

Finance Insurance Influencing Corruption 52

Kluwer Arbitration

DECEMBER 8, 2024

26(6) 2020 LCIA Rules , Art. However, even though some of these cases discuss the rationale behind the notification requirement to ensure transparency and collegial decision-making, they only address the question of whether a notification and/or explanation is necessary at all. 34(4) 2021 UNCITRAL Rules , Art.

Influencing 52

Influencing Electronics Corruption Transparency 52

Kluwer Arbitration

MARCH 22, 2025

The ruling reflects a key principle of legal proceedings: the importance of maintaining a balance between ensuring justice and transparency in legal disputes while also safeguarding sensitive government information. Chevron Australia Pty Ltd v.

Export 52

Export Contract Insurance Balance 52

Kluwer Arbitration

JANUARY 20, 2025

Dispute Prevention and Mitigation This topic, preliminarily considered in 2020 , progressed significantly in 2024. 126-27), it will be crucial for stakeholders to maintain inclusive and transparent dialogue to build a more balanced and effective ISDS system. As ISDS reform continues in 2025 ( see also A/CN.9/1194 9/1194 , paras.

Balance 52

Balance Finance Capacity Budget 52

Kluwer Arbitration

JANUARY 9, 2025

The amendments brought with the 2024 NAI Arbitration Rules have been made in a spirit of modernisation by addressing contemporaneous concerns such as transparency, efficiency, or sustainability. 2020 International Court of Commerce (ICC) Arbitration Rules and 2025 Singapore International Arbitration Centre (SIAC) Arbitration Rules ).

Sustainability 52

Sustainability Efficiency Corruption Transparency 52