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

Open Contracting Partnership

SEPTEMBER 19, 2024

With its mix of charm, history, and major public works set to transform its infrastructure for the future, Rome was the perfect backdrop for our event which was all about harnessing our collective knowledge to make procurement more results-driven, transparent, and impactful across Europe. This trend started long before Covid.

Procurement 67

Procurement Public Procurement E-procurement Transparency 67

Open Contracting Partnership

AUGUST 3, 2023

The program holds valuable lessons for others working to empower contracting monitors with different skills and backgrounds to work closely together to foster transparency and better procurement practices in their regions. The first phase, Introductory Course on Public Procurement, took place online from October to December 2021.

Procurement 52

Procurement Public Procurement E-procurement Participation 52

Open Contracting Partnership

JULY 6, 2023

Giuseppe Busia, President of Italy’s National Anti-Corruption Authority (ANAC) highlighted digitalization as a key element to prevent corruption and improve efficiency in public procurement and provided concrete examples of how ANAC collaborates with civil society to pursue data-driven approaches to anti-corruption.

Procurement 52

Procurement Public Procurement E-procurement Sustainability 52

Kluwer Arbitration

NOVEMBER 19, 2023

It served as VIAC’s response to the increasing call of parties, counsel and arbitrators alike for greater transparency in arbitration through enhanced access to arbitral awards and their reasoning. The abstracts include endnotes stating the corresponding provision of the Vienna Rules 2021 as a comparison.

Transparency 52

Transparency Collaboration Import Corruption 52

Kluwer Arbitration

FEBRUARY 7, 2024

3), complemented by new Internal Rules , in effect since 1 July 2023, in an effort to further promote transparency and efficiency. In 2021 alone, the Saudi courts enforced 204 domestic and foreign awards. 25, 27, and 36), and an express emphasis on efficiency and economy (Art. We look forward to attending the SCCA24 Conference !

IT 52

IT Tender Efficiency Electronics 52

Kluwer Arbitration

SEPTEMBER 22, 2024

Scope of Application Differently from traditional investment agreements, the stated purpose of the SIFA is not only to foster foreign direct investment (“FDI”) (Article 1), but also to do so in a manner that integrates environmental and labour standards, transparency, and corporate social responsibility.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

University of Bristol

AUGUST 23, 2021

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’).

Tender 52

Tender E-procurement Procurement Transparency 52

Kluwer Arbitration

AUGUST 25, 2024

These were the public interest in: (i) the operation and practice of arbitration; and (ii) the desirability of public scrutiny as a means by which confidence in the courts can be maintained and the administration of justice made transparent.

Transparency 59

Transparency Purchasing Balance Corruption 59

Kluwer Arbitration

JANUARY 12, 2024

As our readers may recall, Ecuador denounced the ICSID Convention in 2009, and later rejoined ICSID in 2021 under President Lasso’s right-wing administration. Corruption allegations in arbitration proceedings relating to Peru remain very common. Following the decision reported last year in Bacilio v.

Corruption 52

Corruption Telecommunication Tender Insurance 52

Kluwer Arbitration

APRIL 1, 2024

This ascendancy is underscored by the significant strides made since the enactment of South Africa’s International Arbitration Act in 2017, which incorporated the UNCITRAL Model Law, and the subsequent revisions to the AFSA International Rules in 2021. “The Silk Road and the BRICS Road: Where Does it Lead?

Ethics 52

Ethics Influencing Integration Integrity 52

Kluwer Arbitration

JANUARY 14, 2024

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. The 2024 Rules aim at increasing efficiency, flexibility and transparency of arbitral proceedings conducted under the auspices of the CRCICA.

Transparency 52

Transparency Efficiency Contract Integration 52

Kluwer Arbitration

MAY 7, 2024

While containing what may at first appear to be limited changes, the 2024 IBA Guidelines are significant because, among other things, they place a particular emphasis on the need for a concerted effort to ensure that the arbitration proceedings are conducted transparently, impartially and independently.

Influencing 52

Influencing Transparency Networking Media 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. In February 2021, Uzbekistan adopted a new Law on International Commercial Arbitration based on the UNCITRAL Model Law. Since the last interview with Ms.

Capacity 52

Capacity Efficiency Collaboration Innovation 52

How to Crack a Nut

MARCH 28, 2023

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. However, data from only 20% of all call for tenders as submitted by public buyers is available and searchable for analysis in one place [ie TED].

Procurement 52

Procurement Public Procurement Buyers Thresholds 52

Kluwer Arbitration

JULY 22, 2024

Eco Oro Case: The Outlier’s View The question of how to interpret this type of FET clause led to a heated debate between the majority of the tribunal and Philippe Sands in his dissenting opinion in the 2021 Eco Oro v Colombia case, decided under the Canada-Colombia FTA containing a FET clause copied from the US Model BIT.

Thresholds 52

Thresholds Influencing Corruption Transparency 52

Kluwer Arbitration

JUNE 8, 2024

Following its restructuring in 2021, the Swiss Arbitration Centre registered 100 new cases in 2023, predominantly in commodities trading, construction, and pharmaceuticals. 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

DECEMBER 14, 2023

In 2021, LACIAC commenced a dialogue with African arbitral centres, which was referred to as African Arbitral Centres’ Collaboration Roundtable Discussions (ACCORD). The Adjudication Rules were a vital part of the Centre’s 2021 “ROAD” Map. The acronym “ROAD” stands for Rules, Online Dispute Resolution, Africa Vision and Diversity.

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Kluwer Arbitration

OCTOBER 13, 2024

How has ACICA developed since our 2021 interview with former President, Georgia Quick, and what achievements are you most proud of? Some of these initiatives since 2021 which I am proud to highlight include: The continued growth of ACICA’s caseload. First of all, c ongratulations on your appointment as ACICA President.

Sustainability 52

Sustainability Quality Import Supply Chain 52

Kluwer Arbitration

DECEMBER 31, 2023

With more than 30 provisions improved in the 2024 Rules, which constitute the 10th edition of CIETAC’s arbitration rules, CIETAC is striving to provide parties and arbitral tribunals with more flexibility, efficiency, and transparency throughout arbitration proceedings.

Efficiency 52

Efficiency Consulting Contract Negotiation 52

Kluwer Arbitration

DECEMBER 16, 2023

Different from the previous UNCITRAL instruments (such as the 1985 Model Law (amended in 2006) or 2021 Expedited Arbitration Rules ), these model clauses are for direct use in contracts, and therefore require parties to deliberately “opt in”. In 2021, the UNCITRAL WG II issued the UNCITRAL Expedited Arbitration Rules (“EAR”) ( see post ).

Balance 52

Balance Innovation Consulting Efficiency 52

Kluwer Arbitration

MAY 3, 2024

In a frequently cited 2021 report , the International Energy Agency estimated that in order to reach net zero emissions by 2050, annual clean energy investment worldwide would need to triple by 2030—to around US$4 trillion annually.

Insurance 52

Insurance Finance Sustainability Ethics 52

Kluwer Arbitration

APRIL 11, 2024

SMART” stands for safe, mobile internet and mass data, artificial intelligence, revolutionary, and transparency. However, in 2021 the Beijing Fourth Intermediate People’s Court (quipped as having a similar status to the U.S. Its vision is to shape a progressive future for international arbitration in California.

Electronics 52

Electronics Management Efficiency Networking 52

Kluwer Arbitration

MARCH 13, 2024

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 “).

Efficiency 52

Efficiency IT Corruption Transparency 52

Kluwer Arbitration

JANUARY 21, 2024

Set to enter into force in 2025 or 2026, the Act will seek to ensure that AI systems used in the EU are safe, transparent, traceable, non-discriminatory, and environmentally friendly. The European Parliament made further advances in 2023 with its AI Act. E-filing and Online Case Management Online case management saw further strides in 2023.

Ethics 52

Ethics Electronics Efficiency Collaboration 52

Kluwer Arbitration

OCTOBER 20, 2024

We were also one of the first institutions to launch an online case management platform, the HKIAC Case Connect, in 2021. We were the first arbitral institution to offer a Tribunal Secretary Training Programme and among the first arbitral institutions to issue guidelines on virtual hearing. Past interviews are available here.

Efficiency 52

Efficiency Innovation Leadership Capacity 52

Kluwer Arbitration

SEPTEMBER 30, 2023

Snider (Charles Russel Speechlys LLP) discussed the unexpected abolition of the DIFC-LCIA Arbitration Centre through Decree 34 of 2021 and the overall growth trajectory of the DIAC. The panel reached a conclusive consensus to emphasize the need for ethical, fair, and transparent deployment of AI in arbitration. Mr Thomas R.

Import 40

Import Efficiency Supply Chain Transparency 40

Kluwer Arbitration

NOVEMBER 14, 2023

Denton highlighted in his opening remarks, the timing of this year’s Conference coincided with the United Nations General Assembly, an auspicious reflection of the ICC’s history as a steadfast institution providing neutral, transparent, inclusive, and accountable multilateral platforms for the past 100 years and the century to come.

Transparency 40

Transparency Import Data Efficiency 40

Open Contracting Partnership

OCTOBER 30, 2023

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.

Procurement 120

Procurement E-procurement Public Procurement Corruption 120

Telles.eu

NOVEMBER 7, 2023

With today's announcement of his resignation on the back of a corruption probe, the time of Antonio Costa as Portuguese Prime-Minister reached its end. In 2017 I voiced significant concerns about the creation of a new non-transparent procedure to partially replace direct awards. About 2021, however is a different story.

Procurement 100

Procurement Thresholds Tender Transparency 100

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. This article provides an overview of Mongolia’s international investment climate and explores recent developments.

Transparency 105

Transparency Negotiation Price Export 105

Kluwer Arbitration

NOVEMBER 4, 2023

The total sum in dispute with Philippine parties in 2021 was USD 1.9 Procedural advancements, such as allowing counterclaims and the participation of non-parties as amicus curiae , are also being considered to enhance transparency and inclusivity in the ISDS process. billion and USD 1.7 billion in 2018.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

DECEMBER 2, 2024

In stark contrast to the draft amendment released in 2021 (“2021 Draft”), which had been lauded for its modern approach and reformative features aligning Chinese arbitration with international standards (see previous Blog posts here and here ), the 2024 Draft removed many of these features, adopting instead a rather conservative approach.

Transparency 52

Transparency Negotiation IT Corruption 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. LLC BryanskAgrostroy v. HongKong Henson Industrial Limited v.

Export 52

Export Contract Insurance Balance 52

Kluwer Arbitration

DECEMBER 8, 2024

34(4) 2021 UNCITRAL Rules , Art. 33(2) 2021 ICDR Rules , Art. 36(3) 2021 VIAC Rules , and Art. 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

Influencing 52

Influencing Electronics Corruption Transparency 52

Kluwer Arbitration

NOVEMBER 6, 2024

In June 2021, in an unrelated arbitration, Freshfields replaced legal counsel previously representing the party who appointed DEG. This transparency helps to mitigate concerns and uphold the high standards expected in international arbitration.

Finance 52

Finance Insurance Influencing Corruption 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 115

Corruption Whistle-blowing Transparency Integration 115