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Challenge: Indonesia’s public procurement sector is highly vulnerable to corruption. Public procurement stands out as the most vulnerable sector to corruption in Indonesia. The collaboration revolves around the corruption risk monitoring platform, Opentender.net , developed by ICW and the national public procurement agency LKPP.
Challenge: In 2020, public procurement in the Dominican Republic lacked public trust and credibility due to several high-level corruption scandals. Corruption in public procurement makes us poorer and takes our rights away.” So the DGCP adopted a three-pronged approach to improve things.
This discussion underscored the critical need for ongoing reform and capacity building, while also highlighting the importance of cultural sensitivity and local engagement. She noted that capacity building is a major challenge, and the Tongan government is open to seeing how it can further develop its expertise.
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. as licensor and B. as licensee.
In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. As a result, addressing passive waste through capacity-building measures can generate large savings for governments. American Economic Review, 99 (4): 1278–1308 [5] Ball and Gibso (2022). 4] Bandiera, O.,
Results: Since the Contract Monitoring System’s launch in April 2022, around 560 civil society monitors have examined 345 projects. As the PPDA, we are currently doing audits on FY 2022-23. Imagine a world where projects are monitored in real-time, complaints are reduced, and citizens actively participate in shaping their communities.
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. Across the last five years, this puts us at an average of Net Promoter 82, exceeding our strategy cycle target of 80.
The Umucyo platform is used by 1194 government agencies down to district hospitals – an increase from just over 200 in 2022 – with more than 13,800 suppliers and 26,800 contracts awarded. The system is decentralized, with institutions having capacity in-house. Rwanda’s debarment regime was also revised in 2022.
In the 2022 case of Omega Engineering LLC and Oscar Rivera v. Additionally, the Claimants claimed that Panama’s actions included a smear campaign, which involved a criminal investigation into corruption allegations against Mr. Rivera, damaging his global reputation. Republic of Panama (ICSID Case No.
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.
While the introduction of these tools was generally met with approval, a position paper resulting from a conference of several presidents of higher courts in Germany in 2022 implies that AI is not poised to substitute the human decision-making process in the immediate future.
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.
In 2022, the Old CPL was repealed through Federal Civil Procedures Law No. 42/2022 (“ New CPL ”). 411 of 2022 (Commercial) , in which the award debtor argued that the award was not signed on all pages. and the absence of authority is not per se a question of capacity, there is largely a consensus that Article V.1(a)
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
Hosting the inaugural Uzbek Arbitration Week in 2021, and then followed with its 2022 and 2023 editions, which brought together the global arbitration community to share knowledge and raise Uzbekistan’s profile as an arbitral seat. Education and capacity-building are a core part of our mandate. Past interviews are available here.
It aims to “enhance the capacity of States and regional economic integration organisations in handling international investment disputes”, with a particular focus on least developed and developing countries, as identified in the annex to the draft statute (Article 2).
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.
Under the 2022 Inflation Reduction Act (“IRA”), the United States has arguably become the leading jurisdiction offering generous incentives and subsidies to CCUS investors. This facility, scheduled to begin operations in 2024, will have sufficient storage capacity to offset the equivalent of 750,000 car emissions per year.
The LACIAC Board of Directors, through its technical committees, strives to build capacity in different sectors including energy, construction, finance and technology, international trade, telecoms, media and entertainment, MSMEs, among others. Past interviews are available here.
In a survey conducted by the Global Arbitration Review (GAR) in 2022 on hearing centre preferences, AIAC was ranked at the forefront among other international institutions, having the highest number of hearing rooms and largest room capacity.
28, and September 2022 Session Report , paras. Article 6 deals with general technical assistance and “capacity building”, such as advice on dispute prevention, trainings, seminars, exchange of experience and serving as a repository of information. 31-35; September 2022 Session Report , para.
2023) , the Supreme Court recognized that plaintiffs may bring a civil suit under the expansive Racketeer Influenced and Corrupt Organizations Act (RICO) for judgment-creditors’ illicit conduct and collusion (“racketeering” under the statute) to avoid payment of an arbitral award which has been recognized and enforced as a U.S.
This was the third installment in the “Affaires d’Etats” series on Investor-State Dispute Settlement (“ISDS”) initiated by Curtis during 2022 PAW. Jaime appeared in their personal capacities. Mr. Bigge and Ms. The panel was moderated by Simon Batifort (Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP).
1444 of 2022 of 6 July 2023, which underlined the importance of respecting party autonomy in upholding arbitration agreements. 1444 of 2022 The dispute in this case concerned various purchase orders issued by the Respondent to the Appellant for the installation of safety equipment and materials for multiple projects. Dubai CoC No.
As we reported , in April 2022, the Higher Regional Court in Berlin (“HRC Berlin”) declined Germany’s request to declare an intra-EU claim against Germany as inadmissible (KG Berlin, Decision 12 SchH 6/21, concerning an intra-EU ECT ICSID case, Mainstream Renewable Power et al ).
Various other initiatives have been set in motion such as the establishment of the Africa Arbitration Academy to provide training to arbitration practitioners in Africa and accelerate capacity building.
As mentioned above, this includes taking a proactive role in capacity-building collaborations too. HKIAC Case Digest was awarded the GAR Best Innovation by an Individual or Organisation in 2022. What are the largest challenges facing arbitration in Hong Kong and the Asia-Pacific region today? How is HKIAC addressing them?
However, this unfortunate fate was already sealed by the withdrawal notifications by France, Germany and Poland in December 2022, and the preceding decision of some Member States in October to not back the Commission’s proposal for a Council decision on the modernized ECT text for unspecified concerns over protection of fossil fuel investors.
Further, there is significant regulatory activity in this space to incentivise investment — the United States’ Inflation Reduction Act of 2022 being a recent example. Acceleration towards new technology solutions has, moreover, already begun — perhaps most notably in the form of hydrogen and carbon capture storage.
In March 2022, Ecuador signed a Trade Association Agreement with Costa Rica (“Agreement”), which required clearance from the Constitutional Court of Ecuador (“Constitutional Court”) to be subsequently ratified by the President of Ecuador. Article 8 of the Code of Commerce contains a list of acts that are considered “acts of commerce”.
Dr. Stampa made a final award in February 2022, ordering compensation of nearly US$ 15 billion on the basis that the appropriate measure was the entire “restitution value” of the right to exploit resources in modern Sabah. What he rendered in 2022 was an award in form only; it was not an “arbitral award” within the meaning of the NYC.
CV2022-01832, Delivered: December 14, 2022, unreported, “NIDCO v. Our conversation with Mr. Piedrahita (available here ) shed light on the main responsibilities of the center, the changes to its arbitration rules in 2022, as well as the services and initiatives undertaken to promote the use of arbitration in Colombia.
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.
This solution was confirmed by the High Court of Singapore ( Janesh s/o Rajkumar v Unknown Persons [2022] SGHC 264 ). In the context of off-chain enforcement, an ingenious solution has been followed in the Binance France case (2022) to implead Binance as a garnishee to freeze assets of the debtor.
The dispute concerns a 2005 contract for satellite spectrum capacity and satellite-broadcast wireless access services. Though the award creditor sought the Supreme Court of Canada’s input on the issue, the latter dismissed the application for leave to appeal the decision in mid-May of this year. III of the NYC. II and V(1)(a).
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.
The Bar Council of India’s 2022 Rules for Registration of Foreign Lawyers and Foreign Law Firms (discussed here ) represent a pivotal shift, now permitting foreign legal practitioners to engage in non-litigation ADR matters, particularly international arbitration seated within India.
8, Series of 2022 , which now allows for arbitration as a mechanism to resolve intra-corporate disputes (see a previous post on this development here ). This article is submitted in a personal capacity. Based on the enthusiasm of the attendees, it would seem that this commitment flows in both directions.
In April 2022, the EPC contract was terminated and based on the APG, B initiated arbitration proceedings to recover cost advances of almost EUR 800 million. 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. 14(2) ICC Rules ).
That’s why Democrats will stay focused on waste, fraud, abuse and corruption. In one example, IRS officials said staffing increases and technology upgrades that stemmed from the 2022 Inflation Reduction Act contributed to the agency’s improvements in customer service and call wait times for taxpayers.
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