Whistleblower Network News

FEBRUARY 5, 2024

The three senators, who were instrumental in leading the Senate to its unanimous passage of the Act at the end of 2022 , wrote that “We were proud to introduce and pass this legislation because it provides vital support to U.S. ’” FinCEN has also failed to publish draft rules for the whistleblower program.

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Demand Corruption Media Networking 105

Kluwer Arbitration

NOVEMBER 25, 2023

Thus, Christopher is quite right to suggest that it is ‘important that arbitrators ‘get to grips’ with an arbitration at an early stage, particularly where the arbitration is complex, and do not simply allow the parties to make the running’. CASE REVIEW Divya KESAR, Alverly and Germen v. Romania, ICSID Case No.

Management 52

Management Ethics Corruption Quality 52

Open Contracting Partnership

AUGUST 3, 2023

On April 24 2022 Serik organized a public event in the Academy highlighting approaches promoting interaction between government institutions and civil society in procurement. Rachmaninov went on to organize his own distance learning course for experts and activists in September 2022, with a mini-grant from the School.

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Procurement Public Procurement E-procurement Participation 52

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

Kluwer Arbitration

JUNE 19, 2024

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.

Corruption 52

Corruption Balance Capacity Contract 52

Kluwer Arbitration

DECEMBER 20, 2023

1782/2022 (Commercial) , the DCC did not allow the claimant to have recourse to the courts to hear his claim. 1514/2022 (Commercial) (also discussed in a prior blog post ). The General Assembly has a number of powers amongst which is the power to consider and decide on points of law, which are complex, new or of significant importance.

Corruption 105

Corruption IT Import 105

Open Contracting Partnership

JUNE 3, 2024

She’s also just been elected President of the African Public Procurement Network (APPN), which convenes procurement authorities from 54 countries and she emphasizes the importance of building on existing foundations to strengthen the network’s support for public procurement in Africa. Rwanda’s debarment regime was also revised in 2022.

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Public Procurement Procurement E-procurement Transparency 73

ivalua

AUGUST 21, 2022

Originally published in the 2022 ProcureCon Report “Transforming Procurement: Embracing Digital Innovation and Driving Sustainability” Ethical business practices and sustainability initiatives are forcing organizations to not only stand up, but to also set themselves apart from the competition by implementing ESG and CSR commitments.

Procurement Strategies 96

Procurement Strategies Sustainability Procurement Supply Chain 96

Kluwer Arbitration

JANUARY 12, 2024

ICSID reported that, out of the new forty-five registered cases, twenty-one were brought against Latin American and Caribbean states (the annual report covers the fiscal year from July 1, 2022 to June 30, 2023). Corruption allegations in arbitration proceedings relating to Peru remain very common. As reported by Hon.

Corruption 52

Corruption Telecommunication Tender Insurance 52

Kluwer Arbitration

AUGUST 21, 2024

In April 2024, a law passed by the Investment Authority opened the import, wholesale, retail and export (of raw coffee, khat, oilseeds, pulses, hides and skins, forest products, poultry and livestock bought from the local market) sectors to foreign investments. The digital financial services sector was just recently liberalized in 2022.

Retail 97

Retail Export Import Corruption 97

Kluwer Arbitration

MARCH 9, 2024

While there is progress to be made in the thought leadership space and in ensuring greater independence from governments, Professor Rajoo considered the conference as an important opportunity “ to contribute to the collective momentum propelling us towards groundbreaking advancements in the field of arbitration” in Asia.

Ethics 52

Ethics Corruption Finance Negotiation 52

Open Contracting Partnership

FEBRUARY 1, 2024

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. These will be important points to double down on in our new strategy.

E-procurement 68

E-procurement Public Procurement Capacity Sustainability 68

Kluwer Arbitration

JULY 17, 2024

How domestic courts approach challenges to arbitration awards is of increasing importance as foreign parties often decide to seat an arbitration in a jurisdiction that they believe will provide the greatest stability to governing the arbitration process.

Thresholds 98

Thresholds Import Contract IT 98

Kluwer Arbitration

MARCH 11, 2024

The general importance of climate change-related disputes can be measured on the steady increase of cases which are being brought by environmental advocacy organisations or governments in anticipation of the massive costs related to adapting to or mitigating climate change. 2 O 285/15 Essen High Court).

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Capacity Import Finance Negotiation 52

Kluwer Arbitration

AUGUST 28, 2024

Most commodity offtake contracts contain clauses to this effect and similar provisions are also found in various other types of commercial agreements ( see, e.g. , GAFTA General Feedingstuffs 2022 , Clause 27). In light of this, folk wisdom suggests that when life gives you lemons parties are well advised to make a lemonade.

Contract 52

Contract Balance Import Utilities 52

Kluwer Arbitration

JUNE 11, 2024

Against this backdrop, some important lessons can be drawn for practitioners. In 2022, the arbitral tribunal ruled that GBO’s termination was unjustified and ordered compensation to CAI. In 2022, judicial scrutiny has been greatly heightened by Belokon v. This has been the case in Germany ( KZB 75/21 , 2022), Sweden ( GE v.

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Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

AUGUST 25, 2024

On 16 November 2022, the tribunal rendered the arbitral award (“the Award”) obliging NHP to compensate Thywissen damages, interest, and arbitration costs, including legal costs. Pesa case and referred to the ECtHR’s practice which emphasised the importance of a judge’s impartiality (established in Kyprianou v. Cyprus and Revtyuk v.

Ethics 52

Ethics IT Corruption Budget 52

Kluwer Arbitration

APRIL 10, 2024

Sobota highlighted significant legislative measures enacted by the United States, such as the CHIPS and Science Act of 2022 and the Inflation Reduction Act of 2022 , aimed at bolstering domestic technology production and imposing restrictions on semiconductor imports.

Influencing 52

Influencing Import Supply Chain Collaboration 52

Kluwer Arbitration

DECEMBER 18, 2023

The keynote address also offered insights into ICC case statistics, revealing Paris as the consistent top choice throughout the years, 2008-2022, except for two instances in 2019 and 2021 when London briefly took the lead. Closing off, Ms.

IT 52

IT Corruption Import Thresholds 52

Kluwer Arbitration

FEBRUARY 7, 2024

The KSA’s Government Tenders and Procurement Law also received an important update in June 2023 with the issuance of Resolution No. An SCCA study of Saudi arbitration-related case law between 2017-2022 revealed that out of 131 annulment applications brought in Saudi courts, 92% were denied and only 3.8%

IT 52

IT Tender Efficiency Electronics 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 ).

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Import Corruption IT Accountability 52

Kluwer Arbitration

DECEMBER 22, 2023

He emphasised the importance of arbitration to business and society, particularly owing to the present burden on the courts. This 2022 Supreme Court judgment followed the leading Supreme Court judgment from 2016 (U.2016.1558/2H), A Need for a New Danish Arbitration Act? The Supreme Court decision (U.2022.1117)

Thresholds 52

Thresholds Corruption Import Management 52

Kluwer Arbitration

FEBRUARY 19, 2024

Invoking the existing disclosure obligations in arbitration practice, such as those outlined in the new ICSID Arbitration Rules 2022 , he suggested alternative solutions to the abolition of double-hatting. As an alternative to ISDS, the Brazilian Model of Investment Arbitration (“BRAMIA”) was proposed. Yet, it is never an easy job.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

MARCH 20, 2024

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. In this respect, the panelists referred to the well-known saying “ the most important thing is not to win but to participate ”. This does not cover field of play matters (i.e.,

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

JUNE 8, 2024

In 2023, the institution handled 175 cases, up from a dip to 143 cases in 2022, maintaining its average annual caseload of 170-215 cases over the past 20 years. Technology What appeared to be common ground among the “elevator pitches” was the importance of dealing carefully and efficiently with the issue of technology.

Efficiency 52

Efficiency Import Innovation Finance 52

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.

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Automotive Utilities Import Corruption 52

Kluwer Arbitration

NOVEMBER 23, 2023

A recent ruling by the Chilean Supreme Court has clarified the extent of control that Chilean tribunals can exert when reviewing the procedural rules applied in arbitration awards seeking recognition in Chile ( see Case N° 133.313-2022 , dated 27 July 2023). Claimant filed its enforcement petition on 21 October 2022.

Freight 52

Freight Import Corruption Government 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 Import Capacity 52

Kluwer Arbitration

FEBRUARY 16, 2024

Decision 4A_575/2022 (7 August 2023) concerned a dispute arising from a licence agreement for the operation of a telecommunications network in a part of the southern Republic of Sudan (now the Republic of South Sudan), concluded on 15 October 2003 between C. Decision 4A_486/2022 (26 April 2023) concerned a tennis player (A.)

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

AUGUST 10, 2024

In this regard, the Swiss Arbitration Centre published a Model Statutory Arbitration Clause and supplemental rules for corporate law disputes in Autumn 2022. This article analyses the new possibility for statutory arbitration clauses in Switzerland and evaluates the importance of the supplemental rules in practice.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

OCTOBER 27, 2023

Introduced in 2019, this law emphasized the importance of economic freedom, good faith, and the respect for contracts. That is why the Brazilian Economic Freedom Act might be important after all. Gazprom (2022), as well as the decisions issued in Portugal by the Court of Appeal of Lisbon ( Proc. 3409/21.2T8BRG.G1 [2022]).

Contract 52

Contract Balance Negotiation Insurance 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. More importantly, a party may consider enforcing the award in a jurisdiction where electronically signed awards are not enforceable.

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Electronics Consulting Accountability Corruption 69

Kluwer Arbitration

FEBRUARY 8, 2024

The German Federal Court of Justice (“BGH”) set off a heated debate when it vacated an arbitral award based on the false application of certain sections of the German Competition Act (GWB) on September 27, 2022 (BGH KZB 75/21), conducting a full review of the arbitral award on the merits.

Participation 59

Participation Efficiency Balance IT 59

Kluwer Arbitration

JANUARY 25, 2024

The importance of the subject matter of the claim has been confirmed by several court decisions (e.g., As such, in the final analysis, the subject matter of the claim is likely a more important factor than the parties against which the claim is brought. most recently, Decision No. 2023/PN.Jkt.Sel and Decision No.

Contract 97

Contract Participation Import Corruption 97

Kluwer Arbitration

JULY 5, 2024

This is an important step in promoting the adoption of the “seat standard” among lower courts throughout China. 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

Thresholds 52

Thresholds Import Corruption IT 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. From November 21, 2019 through August 12, 2022, FWS paid out twenty-one whistleblower awards. In contrast to FWS, other U.S.

Utilities 123

Utilities Accountability Quality Networking 123

Kluwer Arbitration

APRIL 1, 2024

As a State seeking to be a full participant in the global order, South Africa recognised, while establishing the judiciary as guardian of its constitutional democracy, that alternative forms of dispute resolution would also be important in ensuring access to justice and legal services.

Import 52

Import Efficiency Influencing Integrity 52