Whistleblower Network News

JUNE 5, 2024

Out of 813 registered cases of extrajudicial killings between 2016 and 2022, only one conviction was made. The primary aim seemed to be to shut us down from seeking accountability,” explained Venkatesan. SLAPP suits represent the consolidated effort by corrupt actors to waste activists’ financial resources and time.

Participation 116

Participation Corruption Accountability Media 116

Kluwer Arbitration

MARCH 26, 2024

The awards rendered in 2022-2023 have remained consistent, with all 19 publicly available awards rendered in favor of the investor stipulating interest payments. The State’s sovereign cost of debt approach has been followed in 31% of the awards rendered in 2022-2023 (e.g. (See Article 38, Commentary 1). Serbia , para. Michael Antony v.

Accountability 64

Accountability Finance Utilities Corruption 64

Inter-American Development Bank

OCTOBER 31, 2024

Public procurement spending accounted for an average of 30% of total public spending across the region [1] and as much as 74% of that spending is wasted due to inefficiencies [2] , according to data from FISLAC , an analytics platform developed by the IDB’s Fiscal Management Division (FMM). Source: Authors’s elaboration.

Public Procurement 52

Public Procurement Procurement Strategic Planning Balance 52

Open Contracting Partnership

AUGUST 14, 2023

times the country’s estimated GDP in 2022. VIktor Nestulia Head of DREAM Project Office This led to the formation of the RISE Ukraine Coalition, which at its inception united more than 20 Ukrainian organizations working on open government and anti-corruption reform.

Accountability 52

Accountability E-procurement Transparency Capacity 52

Kluwer Arbitration

AUGUST 7, 2024

372-2021-CCL, 13 December 2022 Marianella Ventura Silva, Centro de Arbitraje, CCL, ITA Reporter for the CCL The arbitral tribunal dismissed the objection of lack of competence filed by the SEDAPAL. PI7947-22, 05 September 2022 Elizaveta Mikaelyan, RAC, ITA Reporter for the RAC A dispute from a contract for the supply of perishable goods.

Freight 52

Freight Transportation Transportation Contract 52

Whistleblower Network News

OCTOBER 11, 2023

From late 2019 through 2022, the United States Fish and Wildlife Service (FWS) issued twenty-one whistleblower awards to individuals who provided high-quality information about wildlife crime. In 2018, the agency was told by the Government Accountability Office (GAO) to update its regulations to better incentivize whistleblowers.

Utilities 129

Utilities Accountability Quality Networking 129

Open Contracting Partnership

AUGUST 3, 2023

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.

Procurement 52

Procurement Public Procurement E-procurement Participation 52

Whistleblower Network News

NOVEMBER 16, 2023

In a joint letter to the Securities and Exchange Commission (SEC), Krupski and Greenspan raised questions about Tesla’s accounting practices. Whistleblower advocates argue that these restrictions dissuade potential whistleblowers from engaging with the program, interfering with the agency’s objective of identifying corruption.

Education 103

Education Whistle-blowing Media Data 103

Import and Trade Remedies

JANUARY 22, 2025

The complainant alleges that goods assembled/completed in Vietnam are “like goods” that otherwise meet the product definition in the February 2022 CITT finding initiating measures against chassis from China. However, importers must be vigilant and verify that the assessed SIMA duties are correct.

Export 52

Export Import Price Participation 52

Kluwer Arbitration

JUNE 3, 2024

For example, Article 34(6) of the Dubai International Arbitration Centre Rules 2022 (“ DIAC Rules ”) provides that “ [i] f signed in ink, the award shall be signed on each page. 42 of 2022. Here again, the parties’ agreement to electronic signature does not seem to be required. 1] The Civil Procedures Law No.

Electronics 69

Electronics Consulting Accountability Corruption 69

Kluwer Arbitration

JULY 1, 2024

Nigeria arbitral award and the issue of fraud and corruption. Patocchi spoke about the issue of a challenges to awards on grounds of corruption or fraud tainting the proceedings. In Sorelec , the Paris CoA set aside the award even though the alleged corruption was not raised before the arbitral tribunal. He referred to Prof.

Corruption 52

Corruption Export Import Transparency 52

Open Contracting Partnership

FEBRUARY 1, 2024

Your feedback keeps us honest and accountable. We are also very pleased that we achieved one of the closest gender balances in survey responses last year, closing the gap between Men and Women from a 22% differential in 2022, to an 11% differential in 2023. More importantly, there was virtually no gap in our indicators across gender.

E-procurement 76

E-procurement Public Procurement Capacity Procurement 76

Kluwer Arbitration

DECEMBER 12, 2024

Other steps to foster gender diversity include the adoption in 2022 by the Saudi Cabinet of Ministers of its Decision No. in 2021 (as reported by the last comprehensive set of data published in the 2022 ICCA Report on Gender Diversity in Arbitration Proceedings, here: [link] ). These and other efforts have yielded results.

IT 52

IT Participation Data Corruption 52

Kluwer Arbitration

JULY 30, 2024

Countries are enacting new national security laws to limit foreign influence, including China’s 2017 National Security Law; the US’s 2022 National Security Strategy; and the EU’s 2023 Economic Security Strategy. These changes have profound political, economic, and societal implications. As observed by Henry A.

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

JANUARY 2, 2024

The risk of Russian courts not complying with the NYC can be demonstrated by the decisions of the Russian arbitrazh courts since February 2022. 79 of 28 February 2022 and Russian Presidential Decree No. 95 of 05 March 2022 ). 79 of 28 February 2022 and Russian Presidential Decree No. 95 of 05 March 2022 ).

Import 52

Import Corruption IT Accountability 52

Kluwer Arbitration

MARCH 16, 2024

To this end, SVAMC AI Guideline 4 attributes accountability for “uncorrected errors or inaccuracies in any output produced by an AI tool” to the parties and their representatives. This entails a thorough review process to ensure the accuracy of AI-generated submissions.

Ethics 90

Ethics Data Integration Integrity 90

Kluwer Arbitration

FEBRUARY 16, 2024

Enforcement a) In the Context of the New York Convention Decision 5A_739/2022 (12 October 2023) concerned an award rendered by a tribunal seated in Moscow against the company B. On 4 April 2022, A. After the tribunal rendered an award on 20 November 2022, A. GmbH, amongst others. It was undisputed that B. The SFSC dismissed A.’s

Consulting 52

Consulting IT Capacity Corruption 52

Kluwer Arbitration

OCTOBER 15, 2024

In the Asian context, clauses often lack specific benchmarks for price reviews, whereas in the Australian context, clauses are very specific, such as defining what ‘long term’ and ‘comparable’ mean for the purpose of ‘taking into account prices under other long term comparable contracts.’

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

DECEMBER 19, 2023

The class representative, Bielski, alleged that Coinbase failed to replace funds fraudulently taken from his and other users’ accounts. In April 2022, the Northern District denied the motion to compel arbitration after finding that the arbitration clause was unconscionable and therefore unenforceable.

Accountability 59

Accountability Manufacturing Corruption IT 59

Kluwer Arbitration

NOVEMBER 7, 2023

2078 (June 13, 2022), certain Circuits permitted parties to private international commercial arbitrations to avail themselves of U.S. In June 2022, the Supreme Court issued its unanimous decision in ZF Automotive holding that §1782 did not apply to international commercial arbitrations. 21-MC-2547 (MKB) (RML), 2022 U.S.

Automotive 52

Automotive Utilities Import Corruption 52

Kluwer Arbitration

APRIL 3, 2024

Particularly, unless licenses have been granted, arbitral institutions are prohibited from receiving sanctioned persons’ monies, while multiple Russian banks have also been expelled from the SWIFT banking system since March 2022. However, the imposition of sanctions can lead to issues in the implementation of enforcement proceedings.

Influencing 52

Influencing Balance Capacity Import 52

Kluwer Arbitration

DECEMBER 30, 2023

In other words, a failure of the arbitrating parties to make full payment on account of the DIAC arbitration costs would be considered a waiver of the arbitration obligation, terminate the underlying arbitration process, and trigger the general jurisdiction of the Dubai Courts to hear the Parties’ dispute. .” of Dubai Law No.

Corruption 52

Corruption IT Accountability Government 52

Kluwer Arbitration

JULY 2, 2024

The SFSC held that under these circumstances, it did not need to take the alleged facts into account (para. In its decision 4A_398/2021 of 20 May 2022, the SFSC rejected the set-aside action, finding that Venezuela had failed to show that the restructuring was abusive. decision 4A_398/2021 of 20 May 2022, para.

Thresholds 52

Thresholds Price IT Corruption 52

Kluwer Arbitration

FEBRUARY 24, 2024

Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. At least not explicitly. IBA Report, p. This treaty contains an ISDS clause providing for arbitration.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

JANUARY 14, 2024

Our contributor observed that the difference between litigation and arbitration may account for the divergent results. Japan’s BIT with Bahrain that was signed in June 2022 entered into force in September 2023. And, with respect to the award in Lone Star v.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

JANUARY 4, 2024

As anticipated in our 2022 Year in Review , the High Court of Australia handed down the much-anticipated judgment in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. & We explore some of these key themes below. Australia Cases Australia’s investment arbitration jurisprudence made particular strides in 2023.

Insurance 52

Insurance Ethics Contract IT 52

Kluwer Arbitration

DECEMBER 4, 2023

The ICC offices in São Paulo report that almost 85% of their total amount in dispute regards cases with Brazilian state entities [fn] As informed by the ICC’s Counsel during the 2022 Brazilian Arbitration Day organized by the ICC in São Paulo, Brazil. [fn].

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

The ICC offices in São Paulo report that almost 85% of their total amount in dispute regards cases with Brazilian state entities [fn] As informed by the ICC’s Counsel during the 2022 Brazilian Arbitration Day organized by the ICC in São Paulo, Brazil. [fn].

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

FEBRUARY 17, 2024

Building off this experience, the SIAC Secretariat conducted an empirical study with respect to the performance of SIAC Awards in India from 2011 to 2022. Importantly, no SIAC award was set aside or refused enforcement in India between 2011 and 2022. In 2023, the Supreme Court’s judgment in N N Global Mercantile (P) Ltd.

Efficiency 52

Efficiency Contract Import Corruption 52

Kluwer Arbitration

DECEMBER 5, 2023

On November 15, 2023, during the 5 th annual New York Arbitration Week , White & Case LLP hosted an event covering the possibility of obtaining evidence from non-parties to an international arbitration following the 2022 U.S. 2022) (“ ZF Automotives ”). 2022), in which the U.S. Luxshare, Ltd. , In that decision, the U.S.

Automotive 52

Automotive Participation Integration Integrity 52

Kluwer Arbitration

SEPTEMBER 22, 2024

Early this year, the European Union (“EU”) finalized the required internal procedures for the entry into force of the Sustainable Investment Facilitation Agreement concluded between the European Union and the Republic of Angola on 18 November 2022 (“SIFA” or the “Agreement”).

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

JUNE 30, 2024

Under the 2022 Inflation Reduction Act (“IRA”), the United States has arguably become the leading jurisdiction offering generous incentives and subsidies to CCUS investors. The construction, engineering and energy sectors alone accounted for over 40% of these cases.

Engineering 52

Engineering Capacity E-procurement Networking 52

Kluwer Arbitration

JANUARY 26, 2024

Far from being an exhaustive account, it focuses on French court decisions in the areas identified below. Venezuela saga (see here and here ), reflecting a slightly lower success rate of set-aside applications this year in comparison to each year from 2016 to 2022. Any views expressed in this post are the authors’ only.

Influencing 52

Influencing IT Corruption Accountability 52

Kluwer Arbitration

SEPTEMBER 5, 2024

Following the 43rd session of WGIII in September 2022, the UNCITRAL Secretariat was tasked with preparing a draft MIIR featuring possible core provisions and outlining the relevant issues that could arise with regard to the MIIR’s relationship with existing investment agreements and its application to future investment agreements ( A/CN.9/1124

Influencing 52

Influencing Corruption Participation IT 52

Kluwer Arbitration

FEBRUARY 29, 2024

Wanders, The Envisaged 2022 NAI Arbitration Rules, 9 November 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

Sustainability 52

Sustainability Efficiency Quality Management 52

Kluwer Arbitration

JULY 18, 2024

On the other hand, there is a body of jurisprudence in which the Court took account of international practice and standards: e.g., see Manan Jain v Devisers Advisory Republic Services LLC (“Manan”); and Leonardo v Doha Bank Assurance Company (“Leonardo”). the competent court for annulment applications under Law No. 2 of 2017) in Case No.

Consulting 52

Consulting Import Accountability IT 52

Kluwer Arbitration

OCTOBER 6, 2023

of the Dubai International Arbitration Center Rules 2022 and Article 13.1 Arbitral institutions could consider the following accountability measures to ensure that an arbitrator observes such a code of conduct. This requirement is also present in the rules of many arbitral institutions. For example, Article 14.1

IT 45

IT Ethics Participation Accountability 45