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On May 7, the Malaysian government launched its 2024-2028 National Anti-Corruption Strategy (NACS), a continuation of its 2019 National Anti-Corruption Plan (NACP) that ended in 2023. The country enjoyed comparatively marginal improvements, rising to 61st in 2022 and 57 in 2023. billion) between 2018 and 2023.
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.
Throughout the pandemic, significant amounts of public funds were disbursed without seeking parliamentary approval, and the procurement process itself became tainted by multiple instances of corruption and cronyism. In 2022, a new unity government was formed under Prime Minister Anwar Ibrahim coalition’s leadership.
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.” When he moved into his new role, he faced an uphill battle. More recently, it canceled a RD$1.3
Transparency International UK (TI-UK) just dropped a damning report on the UK’s pandemic-era procurement of PPE. billion as having three or more red flags for corruption risks and conflicts of interest (see Annex 3 of the report for 14 red flags they used). Transparency was MIA In a crisis, transparency and trust are key.
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. This holistic strategy—anchored in transparency, accountability, and technological integration—fosters a robust fiscal environment conducive to sustainable economic growth and enhanced public trust.
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. I shall come back to this mantra further down.
It’s an appropriate workplace for the woman spearheading efforts to increase transparency and oversight of public spending in Rwanda, by digitalizing the platform running the country’s public procurement and professionalizing its workforce and processes. Rwanda’s debarment regime was also revised in 2022.
Results: Since the Contract Monitoring System’s launch in April 2022, around 560 civil society monitors have examined 345 projects. As Einer Fogh of GIZ Uganda highlights, “there is a vibrant civil society in Uganda, with many organizations working on transparency and anticorruption. We needed to find a new way to work together.”
Japan is generally perceived as a country with little political corruption. Feedback from municipal hearings suggests that information on procurement and public sector staff recruitment is already open, leading to questions about the need for further transparency. Why is open contracting policy needed in Japan?
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.
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.
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.
Finally, Galindez pointed to the role of institutions seeking to improve transparency where state entities are involved, by publishing redacted awards, details of arbitrator appointments and increasing public access to information on ongoing cases. Nigeria arbitral award and the issue of fraud and corruption. He referred to Prof.
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”).
The aim of the Market Watch Unit is described by the Government to protect Canadian industry from unfair trade practices and to ensure greater transparency and market predictability. Market Watch Unit In the 2024 federal budget , the Government of Canada proposed $10.5
ChileCompra has not only established a formal channel for bidders and citizens to report questionable contracts to authorities for the first time, it has also published the Observatory’s investigation reports and statistics on complaints from the public, making oversight of the procurement system fully transparent. “[In
It had reinstated in late 2022 a policy over 2011-13 of not agreeing to ISDS in new IIAs. This is important indeed, but enhanced transparency risks aggravating issues, especially when complex. However, as with the JSCOT procedure in Parliament, enhanced transparency risks instead aggravating concerns in Australia around ISDS.
3), complemented by new Internal Rules , in effect since 1 July 2023, in an effort to further promote transparency and efficiency. 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%
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.
times the country’s estimated GDP in 2022. The vision is to go beyond supporting “just” a transparency and reporting portal to have a digital ecosystem that integrates real-time damage assessments, budgets, project planning, procurement and delivery. The cost of reconstruction and recovery will be much more: at least $411 billion, 2.6
The goal is to ensure transparency in class arbitration proceedings involving stock market investors, corporations, officers, and major stakeholders (“Securities Disputes”), seeking to further protect the investors’ interests. 80/2022 (“Resolution”), Annex I, art. 2.925/2023 (“ Bill ”) is intended to amend federal law no.
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. Compared to November 2022, the number of new cases filed at VIAC have increased by 53 %. It has been a pleasure to collaborate with you.
Among all ICC cases that were withdrawn (before a final award could be rendered) in 2022, around 45% of cases were withdrawn before the constitution of tribunal, which indicates that the claimant has paid only the filing fee of 5,000 USD. Zhang offered an institutional angle to practice.
Indeed, on 13 September 2022, the European Parliament passed a Resolution with recommendations to the Commission on Responsible private funding of litigation. The Resolution noted that there are at least 45 third-party funders operating in the EU.
Building on the successful inaugural CIAW that took place in March 2022, the 2023 CIAW attracted over 1,500 attendees from all over the world, including Singapore, Armenia, Brazil, Mexico, South Korea, Hong Kong, Mainland China, and Japan. Vitaly Ivanovich Smagin , No. 22–381 (U.S. Young CalArb is sponsored by CalArb.
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]. Transparency is the general rule in all arbitrations with state parties.
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]. Transparency is the general rule in all arbitrations with state parties.
28, and September 2022 Session Report , paras. 43 and 50); third-party funding of ISDS claims, which raises concerns about transparency and perverse incentives ( October 2019 Session Report , paras. 31-35; September 2022 Session Report , para.
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. In October 2022, the ICC launched its new digital case management platform, ICC Case Connect.
Procurement rules and policies seek to ensure that contract awards are free from corruption, conflicts of interest or anticompetitive practices, and that these vast sums of public funds generate value for money and support social, environmental, and innovative practices. This blog post provides a summary of the main findings so far.
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.
According to UNCTAD , in 2022, 60 investment treaties were terminated, while fewer than 20 new ones were signed. In 2022, the Columbia Center for Sustainable Investment conducted a survey of renewable energy experts, in a quest to understand the factors that shape investment decisions.
He also emphasised that new initiatives are under consideration to develop transparency in the work of the domestic courts. For instance, the economic procedural code was amended to better serve the needs of the parties to arbitrations, including the enforcement of awards and interim measures.
Legal and Regulatory Transparency The Model Clauses propose an Article on transparency, which requires publishing laws and regulations of general application that may affect investors. This is similar (save on timing) to Article 41 of the 2022 ICSID Arbitration Rules.
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. The institution has updated its rules to better address corporate disputes and emphasizes transparency and diversity, with 40% of its arbitrators being female.
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. This continues CIETAC’s past efforts to regulate third-party funding.
of Appendix I to DIAC Arbitration Rules 2022 provides a solution whereby a party can make substitute payments of the other party’s share with the objective of recovering these payments after the formation of the arbitral tribunal. Furthermore, Article 3.3
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. How has the arbitration landscape changed in Uzbekistan since then? Past interviews are available here.
For instance, LACIAC was one of the four arbitral centres that collaborated with the School of Oriental and African Studies, University of London in cooperation with the African Legal Support Facility to organise a counsel in arbitration skills-based training in 2022. The Adjudication Rules were a vital part of the Centre’s 2021 “ROAD” Map.
HKIAC Case Digest was awarded the GAR Best Innovation by an Individual or Organisation in 2022. 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
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.
On this point, Karel emphasised the different institutional approaches towards increasing transparency vis-à-vis arbitrator appointments, with counsel being responsible for learning the practice of each institution. Regarding intra-EU awards, two concurrent decisions by the Paris Court of Appeal in 2022, Strabag v. Poland and Slot v.
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