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In a previous post , we looked at Indonesia Corruption Watch s method for monitoring corruption risks in procurement. An ICW investigation in 2021 revealed potential fraud risks in the construction of a faith-based community center in the province of South Sulawesi, with a contract value of about US$1 million (Rp. 19 billion).
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.
In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. Hart’s insights strongly resonated with participants from the LAC region, where traditional contracts are often strained by rigid rules. link] [6] Bandiera, Best, Khan & Prat (2021). 4] Bandiera, O.,
Introductory course The School of Applied Research in Public Procurement sought to develop participants’ skills in monitoring, research, policy analysis, and promoting public procurement reforms and open contracting in Central Asia, with a vision to improve transparency, accountability and efficiency in the use of public funds.
The Court overturned the mayor’s 2021 bribery conviction, thus resolving a circuit split on the scope of Section 666 by narrowly limiting the statute to quid-pro-quo bribery only. As a result, the federal government will have less authority to prosecute corruption by state and local officials under this provision.
One of its goals is to increase womens participation in the workforce from 22% to 30% by 2030. 1) The World Bank reports progress in this field too, albeit at a different rate: in 2016, the participation of women in the workforce was 16.1% of the KSAs workforce, up from 20% in 2016. in 2015 to 26.1%
These statistics follow the 2021 amendments to the ICC Rules in Appendix IV on case management techniques, empowering the arbitral tribunal to encourage the parties to consider settlement. In addition, 34 proceedings ended with an award by consent. Accordingly, arbitrators’ fees will not be affected either.
Appreciation also to Albania’s Public Procurement Commission , which helped a sizable Western Balkan community to participate energetically. Between 2011 and 2021, single bids doubled, the number of bids halved, and direct awards surged. Data-powered red flags strengthen efforts to fight corruption.
This is yet another case of the EPPO, launched in 1 June 2021, as the first new supra-national prosecution authority in the EU. The EPPO has the power to investigate, prosecute and bring to judgment crimes against the EU budget, such as fraud, corruption or serious cross border fraud.
These reforms centered on state involvement and equity participation in strategic mineral deposits, and increased national benefits from its rich mineral resources. Mongolia’s past legal reforms in the mining sector were primarily driven by resource nationalism and political populism.
It is then up to the party with a jurisdictional objection to decide how to play their hand, including whether or not to participate in the arbitration, where to bring an objection, and at what stage of the proceedings. Accordingly, we have analysed participation and non-participation separately.
Levy mentioned an example of a case where an English judge, on the claimant’s application, appointed the entire arbitral tribunal after quashing the claimant’s appointment, in favor of equality between claimant and the non-participating respondent. Views are those of the author only and are not intended to reflect those of ICC.
However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.
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. In 2021, Indian Oil pursued claims against Arcelor Mittal for amounts allegedly owed under the GSA, now amounting to approximately USD 1.4
We received an 86 out of 100, returning to the record high score we received in 2021 during our intensive COVID-19 response and recovery support. In 2024, we look towards implementation of the resolution and participation at the International Anti-Corruption Conference (IACC) in Lithuania this summer.
The DIS-TPNR are the work product of a DIS working group which was established in 2021. The third party is allowed to participate in the initial arbitration, which includes in particular the right to participate in the constitution of the arbitral tribunal. The authors of this post have had a leading role in this project.
Undisputedly, this is one of the practical advantages of this type of meeting, allowing any topic to be addressed or any question to be raised, and participants can express their personal positions freely, without worrying on being quoted publicly. These debates were covered by the Chatham House Rule.
On 14 September 2023, the Netherlands Arbitration Institute (NAI) held its Annual General Meeting at the Peace Palace in The Hague, attracting over 160 participants from the Netherlands and beyond. Gerard Meijer , (President of the NAI) welcoming the participants at the Peace Palace. Meijer revealed the launch of the new NAI website.
CGX Energy Inc. ), including because the arbitration clause provided for a summary procedure of only two days and did not permit the participation of third parties or a party was not permitted to depose witnesses ( Costco ) or because the arbitrator ignored or failed to consider or admit certain evidence ( EDE Capital Inc. 44, 50).
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. In February 2021, Uzbekistan adopted a new Law on International Commercial Arbitration based on the UNCITRAL Model Law. Since the last interview with Ms.
The arbitration proceeded without active participation by Malaysia, who maintained that the Agreement contained no arbitration clause. In June 2021 the MSC decided that the original summons had not been served on Malaysia in accordance with Spanish rules governing proceedings against States. Gonzalo Stampa as sole arbitrator.
Commercial Arbitration in Timor-Leste Prior to 2021, Timor-Leste did not have an arbitration law in place to govern arbitration proceedings seated in Timor-Leste, or the enforcement or recognition of foreign arbitration awards. In 2021, Timor-Leste adopted the Voluntary Arbitration Law , 5) The official document is in Portuguese.
34 of 2021 (“ Decree 34 “) on 14 September 2021, accompanied by a new statute regulating the operation and management of the Dubai International Arbitration Centre (“ DIAC ”). The defendant refused to participate in arbitration in Iran due to the dangerous conditions in that country. v Ashland Oil Inc.
In Brazil, however, a study coordinated by Center for Access to Justice, Process and Dispute Resolution Means (Najupmesc) at Fundação Getúlio Vargas’ Sao Paulo Law School and Canal Arbitragem in 2023, showed that the use of mediation in Brazil has grown in the last 10 years, especially during the pandemic, in 2020 and 2021 (see here ).
According to its 2021, 2022, and 2023 Annual Reports , ICSID has delivered well over a hundred courses and presentations each year: these include the well-known “ICSID 101”, featuring an introduction to ICSID and general stages of an ICSID arbitration case.
The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. As of 2025, the system could establish links with additional external data sources ’ (at 2).
Privacy and Third-Party Scrutiny While the public interest inherent in litigation generally allows for some degree of public participation in proceedings, ADR avenues provide far greater scope for privacy. In In re Teligent, Inc., 1) In re Teligent, Inc. , 3d 53 (2d Cir. References [ + ] References ↑ 1 In re Teligent, Inc. ,
The “ ICCA Guidelines on Standards of Practice in International Arbitration ” (ICCA Guidelines), which were launched in 2021, attempt to go above and beyond the IBA Guidelines discussed above as they require that all participants in an arbitration act with integrity, respect and civility.
of the ACICA Rules 2021 is that each party bears the burden of proving the facts relied upon to support its claim or defence. The panel identified the difficulty that arises when participants to proceedings are operating under different ethical frameworks and legal customs. The fundamental requirement under Art 35.1
According to the Queen Mary University of London International Arbitration Survey 2021 (the “QMUL Survey”), Singapore for the first time is ranked first alongside London as the most-preferred arbitration seat. Hong Kong is third.
One of the relatively recent developments in the post-Brexit review of UK public procurement law is the February 2021 proposal for the replacement of the current rules on the commissioning of healthcare services for the purposes of the English NHS (for background, you can watch here ), with a new provider selection regime (‘the proposal’).
Similar to the 2011 Rules, the 2024 Rules continue to be loosely based on the UNCITRAL Arbitration Rules , as revised in 2010 (amended in 2013 and 2021), which leaving a wide room for party autonomy. Annex 3 is based on the UNCITRAL Expedited Arbitration Rules (2021) with some modifications reflecting CRCICA’s institutional perspective.
The Centre has had four editions since 2019, with the fourth being a hybrid event with physical participation in Accra, Ghana. In 2021, LACIAC commenced a dialogue with African arbitral centres, which was referred to as African Arbitral Centres’ Collaboration Roundtable Discussions (ACCORD). in infrastructure projects.
When the CJEU’s 2021 Komstroy judgment extended Achmea’s reasoning to the ECT in a surprising obiter dictum, non-ICSID intra-EU ECT tribunals seated in the EU eventually agreed to decline jurisdiction.
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.
In August 2021, Ecuador rejoined the ICSID Convention. Indeed, for an “investment” to exist under the ICSID Convention the following criteria have been considered: i) contributions; ii) of a certain duration; iii) participation in the risk of the transaction; iv) contribution to the economic development of the host State.
6 [2021]) and by the Court of Appeal of Guimarães ( Proc. Brunner suggests, parties’ participation in shaping solutions is definitely a better alternative than an outright intervention by adjudicators. 6 [2021]) and by the Court of Appeal of Guimarães ( Proc. General Company for Ports of Iraq (2019) and Gasum v. Gazprom (2022).
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.
Therefore, RZhD seems unlikely to have an incentive to participate in arbitration in Vienna. 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
For its part, the Santiago Arbitration and Mediation Center (CAM Santiago) launched the new rules on emergency arbitration , which were incorporated into the 2021 National Arbitration Rules. In AB Limited et al v. GH Limited , Claim No.
However, the application of the Brussels I Regulation in relation to the UK ceased on 1 January 2021. 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
34 of 2021 which abolished the Emirates Maritime Arbitration Centre and the DIFC Arbitration Institution, the administering body of the DIFC-LCIA Arbitration Centre, and hence the DIFC-LCIA, while assigning all their obligations, rights, and resources to the Dubai International Arbitration Centre (“ DIAC “).
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. E-filing and Online Case Management Online case management saw further strides in 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. Within the ACICA, the executive team reached gender parity for the first time in 2021. Further details of the initiative can be found here.
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