Open Contracting Partnership

FEBRUARY 1, 2024

Your feedback keeps us honest and accountable. In 2023, our annual community survey became even more critical for us as we shaped our new organizational strategy, which we are very excited to share with you next month. Both our 2023 score and our final strategy count landed on an average 6.9

E-procurement 68

E-procurement Public Procurement Capacity Sustainability 68

Whistleblower Network News

MAY 23, 2024

Together, they embark on a perilous journey in their quest to expose the state capture of a corrupt South African security group and the double-dealing profiteers who benefit from warfare in Africa. South African whistleblowers face an uphill battle when it comes to reporting corruption.

Corruption 84

Corruption Networking Transparency Accountability 84

Open Contracting Partnership

OCTOBER 11, 2023

A series of recent scandals shows just how little accountability there is. The National Anti-Corruption Program , recently approved by the Parliament, gives civil society organizations (CSOs) and media a greater role in preventing corruption and “strengthening an ethical, corruption-free public service.”

Data 115

Data Corruption Supplier Media 115

Kluwer Arbitration

JANUARY 4, 2024

2023 was another year of growth for arbitration in Australia, New Zealand, and the Pacific Islands. We explore some of these key themes below. Australia Cases Australia’s investment arbitration jurisprudence made particular strides in 2023. & Anor [2023] HCA 11.

Insurance 52

Insurance Ethics Contract IT 52

Whistleblower Network News

JANUARY 12, 2024

Securities and Exchange Commission (SEC) announced a $100 million settlement with global software company SAP SE over charges of violations of the Foreign Corrupt Practices Act (FCPA). anti-corruption law that prohibits the payment of anything of value to foreign government officials in order to obtain a business advantage.

Corruption 74

Corruption Telecommunication Accountability Consulting 74

Kluwer Arbitration

JANUARY 16, 2024

18/14721, 10 January 2023 Nataliya Barysheva and Valentine Chessa, MGC Arbitration, ITA Reporters for France In the Moldova v. Société Stileks Scientific and Production Firm LLC, intervenante volontaire à titre principal pour la Société Komstroy, Court of Appeal of Paris, RG No. Société Kraydon Ltd v. Mme Mehta et autres v.

Corruption 52

Corruption Insurance IT Contract 52

Kluwer Arbitration

FEBRUARY 16, 2024

Part II of the 2023 Year in Review: Switzerland post ( see Part I here ) introduces new case law on the enforcement of arbitral awards. 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. GmbH, amongst others.

Consulting 52

Consulting IT Capacity Corruption 52

Kluwer Arbitration

JANUARY 14, 2024

Developments in Arbitration-Related Law and Institutions In 2023, our Blog covered shifts within arbitration-related laws and examined novelties in institutional rules, offering insights into the evolving landscape of international arbitration in East and Central Asia.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

JANUARY 26, 2024

This post provides a recap of notable arbitration-related developments in France in 2023. Far from being an exhaustive account, it focuses on French court decisions in the areas identified below. However, 2023 saw a trend towards the restriction of the scope of this control. In Douala International Port v. In Al-Kharafi v.

Influencing 52

Influencing IT Corruption Accountability 52

Whistleblower Network News

JUNE 5, 2024

State Department just released its 2023 Country Report on Human Rights Practices for India , which outlines the high rates of politically motivated killings and “arbitrary deprivation of life.” The primary aim seemed to be to shut us down from seeking accountability,” explained Venkatesan.

Participation 91

Participation Corruption Accountability Media 91

Kluwer Arbitration

FEBRUARY 7, 2024

India ADR Week (“ IAW “) 2023 was hosted by the Mumbai Centre for International Arbitration (“ MCIA “) across three cities – Bengaluru, Delhi and Mumbai. The breadth and diversity of the event set the stage for engaging and insightful discussions on a wide array of topics.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

NOVEMBER 9, 2023

On October 18, 2023, during the 2023 Canadian Arbitration Week , members of the Young Canadian Arbitration Practitioners (“ YCAP “) gathered at Arbitration Place in Toronto, Canada, to discuss the role of tribunal secretaries. As Popplewell J. stated in an unsuccessful setting-aside application pursuant to s.

Balance 52

Balance Corruption Quality Efficiency 52

Whistleblower Network News

OCTOBER 4, 2023

Securities and Exchange Commission (SEC) Office of the Whistleblower posted a Notice of Covered Action (NoCA) for an enforcement action taken against the 3M Company over allegations that a subsidiary company based in China violated the Foreign Corrupt Practices Act (FCPA). 3M agreed to pay the SEC $6.5 authorities over bribery charges.

Corruption 62

Corruption Internal Control Telecommunication Accountability 62

Kluwer Arbitration

MARCH 9, 2024

The Regional Arbitral Institutes Forum (RAIF) held the 2023 edition of its annual conference on 10 November 2023 in Bangkok, Thailand. Issues of corruption, investors coming in with unclean hands, as well as investors putting forward inflated claims are also some of the concerns of host states and other stakeholders.

Balance 52

Balance Corruption Participation Utilities 52

Kluwer Arbitration

DECEMBER 3, 2023

On November 16, 2023, during the 5 th annual New York Arbitration Week , DLA Piper hosted a double feature event focused on the effective management of risks and disputes in the context of M&A transactions. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here.

Management 52

Management Negotiation Import Price 52

Whistleblower Network News

APRIL 16, 2024

The Stark Law was enacted to ensure that a physician’s clinical judgment is not corrupted by improper financial incentive,” stated Hamdani. The False Claims Amendments Act of 2023, a bipartisan effort introduced on July 25 , seeks to correct a few technical loopholes used to circumvent the FCA. Special Agent in Charge Jason E.

Whistle-blowing 55

Whistle-blowing Corruption Demand Accountability 55

Kluwer Arbitration

JULY 1, 2024

Galindez discussed the increase of ICC arbitrations with Mexican parties in 2023 (the number one position in Latin America was previously held by Brazil for almost 10 years), due to the economic and social crisis that Mexico has faced in recent years, which has led to many disputes. Finally, Momodu commented on the P&ID v.

Corruption 52

Corruption Export Import Transparency 52

Kluwer Arbitration

AUGUST 7, 2024

During the contract execution by the Claimant, the Respondent stopped paying for the delivered goods, assuring the Claimant that the debt would be repaid later, stating that the lack of payment was caused by the seizure of his accounts by the Federal Tax Service. Consorcio Consultor Morrope (CCM) v. Claimant v. Claimant v. Claimant v.

Freight 52

Freight Transportation Transportation Contract 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. Supreme Court decision in ZF Automotives US Inc. Luxshare, Ltd. , 2022) (“ ZF Automotives ”).

Automotive 52

Automotive Participation Integrity Integration 52

Kluwer Arbitration

DECEMBER 19, 2023

In June of 2023, the U.S. The class representative, Bielski, alleged that Coinbase failed to replace funds fraudulently taken from his and other users’ accounts. The Supreme Court issued its decision on June 23, 2023, reversing the Ninth Circuit. Supreme Court issued its opinion in Coinbase, Inc.

Accountability 59

Accountability Corruption Manufacturing IT 59

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

Kluwer Arbitration

JULY 2, 2024

On 26 April 2024, the Swiss Federal Supreme Court (“SFSC ” ) rendered decision 4A_486/2023 , upholding the unpublished Final Award in Clorox Spain S.L. The SFSC held that under these circumstances, it did not need to take the alleged facts into account (para. decision 4A_486/2023 , para. Venezuela ”) (PCA Case No.

Thresholds 52

Thresholds Price IT Corruption 52

Kluwer Arbitration

MARCH 16, 2024

On 19 October 2023, the ICC Young Arbitration & ADR Forum (YAAF) hosted a workshop titled “ Navigating the Frontiers of Artificial Intelligence in Arbitration ” in Zurich. According to another study , the numbers remained on a similar level in 2023.

Ethics 90

Ethics Data Integrity Integration 90

Kluwer Arbitration

JUNE 3, 2024

15 of 2023 (“ Amendment ”). However, the requirement to take “into account all relevant circumstances” would prompt a prudent tribunal to seek the parties’ views on the question and ultimately respect those views. A year later, technology was introduced into arbitral proceedings through the Arbitration Law. 42 of 2022.

Electronics 69

Electronics Consulting Accountability Corruption 69

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.

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

NOVEMBER 7, 2023

On August 15, 2023, Magistrate Judge Levy’s decision was upheld by the U.S. 21-MC-2547 (MKB) (RML), 2023 U.S. 22-mc-00180 (LAK) (VF), 2023 U.S. Conversely, the Second Circuit in Certain Funds, Accounts &/or Inv. 155143/2023, 2023 NY Slip Op 32308(U), ¶ 3 (Sup. District Court Judge Brodie. Vehicles v.

Automotive 52

Automotive Utilities Import 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. Enacting these regulations does not require approval from foreign investors. The same holds true for IIAs, which are state-to-state endeavors.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

OCTOBER 18, 2023

On the third day of Hong Kong Arbitration Week 2023, the ADR in Asia Conference, the flagship event of the Hong Kong Arbitration Week, hosted a panel discussion on the Hong Kong Outcome Related Fee Structures for Arbitration (“ ORFSA ”) regime. Although the ORFSA regime is still in its early days, Ms. from a funder).

Insurance 52

Insurance Price Risk Management Accountability 52

Kluwer Arbitration

DECEMBER 30, 2023

10/2023 dated 24 October 2023 , the General Assembly of the Dubai Court of Cassation decided to reverse a position introduced by the Dubai Courts of Cassation in around 2013 (see, e.g., Case No. In a recent decision, Case No. 379/2013 (Real Estate) , ruling of the Dubai Court of Cassation; and then also affirmed in Case No.

Corruption 52

Corruption IT Accountability Government 52

Kluwer Arbitration

OCTOBER 1, 2023

On 3 August 2023, ACICA45 and King & Wood Mallesons in Sydney hosted a session titled “ Clash of Cultures – Exploring the Impact of Culture on Advocacy in International Arbitration ”. Third, having a culturally diverse tribunal facilitates a deeper understanding of the conduct of the parties during the arbitration.

Import 40

Import Retail Ethics Influencing 40

Kluwer Arbitration

MAY 5, 2024

Subramanian formally opened the session by quoting a statement from the Miami Arbitration Week 2023 that “the arbitration community is losing the fight to ensure the survival of ISDS”. Rowley, KC (Twenty Essex Chambers) and Melanie van Leeuwan (Partner, Derains & Gharavi). Where do We Stand?

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

FEBRUARY 27, 2024

On December 8, 2023, a Permanent Court of Arbitration tribunal composed of José Emilio Nunes Pinto (president), Guido Tawil, and Claus von Wobeser issued its final award in Mota Engil v. 8, 2023 [hereinafter, “Mota Engil v. 8, 2023 [hereinafter, “Mota Engil v. 8, 2023 [hereinafter, “Mota Engil v. Sucursal Paraguay v.

Contract 52

Contract Import IT Negotiation 52

Kluwer Arbitration

JULY 22, 2024

In a recent 2023 survey (“‘Fair’ and ‘Equitable’ Treatment Provisions in Investment Treaties; A Large-Sample Survey of Treaty Provisions”) the OECD found 51 of these treaties (covering a total of 136 bilateral relationships). I have only found a few exceptions: the majority in the NAFTA Bilcon award (paras. 444-45, 448-49, 455ff.,

Thresholds 52

Thresholds Influencing Corruption Transparency 52

Kluwer Arbitration

SEPTEMBER 3, 2024

In our view, the use of emotion AI to enhance, prepare, conduct, or monitor proceedings should be done transparently, consensually, and in compliance with legal and ethical guidelines to ensure fairness and accountability in arbitral proceedings. Participants should also be given the opportunity to familiarize themselves with the system.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

MAY 25, 2024

We believe these findings provide a more accurate accounting of U.S. 2023), there are some potential advantages to seeking enforcement under the Conventions. When challenges based on procedural grounds are included, the numbers are somewhat higher. but still lower than the findings in other studies. note a (Am. forthcoming 2024).

Data 98

Data Insurance Import Corruption 98

Kluwer Arbitration

NOVEMBER 8, 2023

Instead, the court can seek proposals for an amicable settlement, in a dialogue that takes into account all interests and is based on a fair explanation of the relevant issues. 5 (2023), which is also included on Kluwer Arbitration. See here for more information on and other contributions to the Journal.

Import 98

Import Corruption IT Participation 98

Kluwer Arbitration

JUNE 15, 2024

And so is their interplay (for a more detailed account of the relevant questions, see Kehl & Wuschka, ZEuS 2024 , 59 (67 et seq.)). This post addresses the legal parameters for the UK’s withdrawal and its interaction with the modernization efforts.

Influencing 52

Influencing Contract Negotiation IT 52