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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.” It has debarred more than 60 suppliers for violations, and reduced unresolved complaints and canceled tenders.
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.
To tackle this problem, the country has proposed wide-ranging legislation , including an anti-corruption package with measures to standardize the operations of Mongolia’s state-owned enterprises (SOEs) and ensure they follow consistent rules throughout processes like tendering and procurement, among others.
This post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2023 that are of interest to the international arbitration community at large. Part II explores new case law on the enforcement of arbitral awards. as licensor and B. as licensee.
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. Together with the global community, we were able to close out 2023 with a big advocacy win, with the UN’s first ever resolution on public procurement passed in December.
In line with the Blog’s tradition of “year-in-review” series, this post looks back at some of the key investor-State arbitration developments that took place in Europe in 2023 as we covered them on the Blog (for relevant previous Year-in-Review coverage, see here and here ). the Kingdom of Spain. As Alexander M.
In 2005, a subsidiary of the Investors entered into an agreement with Antrix Corporation Ltd (Antrix), a corporation wholly owned by India, for the lease of space segment capacity on two Indian satellites that were yet to be built. The primary judge had also found against India on this question (PJ, [34]-[51]).
2023 stands out as a pivotal year marked by substantial advancements in arbitration across the African continent. The substantial award at issue is of a particularly high value and fraud and corruption elements arise in both the procurement of the underlying contracts and also the awards themselves.
In 2023, the United States courts expanded the role of international arbitration under existing law and wrestled with the application of new arbitration law and fact patterns. 2023) and Yegiazaryan v. 2023) , which harmonized U.S. This post reviews some highlights and looks forward to developments anticipated during 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.
The uncertainties faced by investors and stakeholders in 2023 was intensified by the notable shift in Latin America’s political regimes. We discuss below the most pertinent commercial arbitration-related developments in the region in 2023. Mexico also hosted the first Mexico Arbitration Week that took place in Mexico City in May 2023.
In early 2023, 16 more CSOs were brought on board to cover regions that were not covered before, such as in central Uganda. Having formal arrangements through MoUs and building their capacity and understanding has led to good quality monitoring reports that are more actionable for us.” The results The numbers tell a compelling story.
Over our last strategy from 2019-2023, we estimate that our work had an indirect positive impact on an estimated 209 million lives and US$116 billion dollars of public spending. Our bold new target firmly centers our work on this theme for the next six years. Open contracting has been the gift that keeps giving.
What are some of the watershed moments from your time as director of AIAC and can you please share your thoughts on what it’s like to be back at the helm as of March 2023? One example is the recent modernisation of the Centre’s institutional ADR rules in August 2023. Let’s talk about the revised AIAC Arbitration Rules (2023).
These were only a few of the questions discussed at the DIS40 Autumn Conference 2023 , which took place on 15 September 2023 in Berlin as part of the second edition of the Berlin Dispute Resolution Days (the coverage of the previous edition can be found here and here ).
In this capacity, I am dedicated to making a significant contribution to international arbitration, drawing upon my extensive experience to bolster AFSA’s position in the industry. Can you please tell us more about AFSA, its structure, users, and what sort of disputes it generally administers? Thank you, Ms.
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.
09/2023/HS-PT dated 17 January 2023, where the recognition and enforcement of an award was refused because, among others, the tribunal did not apply Vietnamese law to a non-contractual claim; and (ii) Judgement No. Mr Minh Dang (YKVN) introduced two recent decisions by the Vietnamese courts in Hanoi: (i) Judgement No.
On 15 September 2023, the United Arab Emirates (“UAE”) reformed the legal framework governing arbitration. 15) of 2023 (“Amendment Law”), specific amendments have been introduced to key articles of the Federal Arbitration Law No. (6) Under the recently issued Federal Law No. (15)
This interview is particularly timely in light of the implementation of Nigeria’s long-awaited 2023 Arbitration and Mediation Act , which replaces Nigeria’s 35-year-old Arbitration and Conciliation Act 1988. Beyond its initiatives, LACIAC also endeavours to promote and support events aimed at capacity building for local practitioners.
Underscoring this urgency, the 28 th Conference of the Parties of the United Nations Framework Convention on Climate Change (also known as the “Paris Agreement”) (“ COP 28 “), held in Dubai in November 2023, called for ambitious goals. Some oil majors have recently divested their onshore assets in Nigeria.
On 28 November 2023, Justice Humberto Martins, from the Superior Court of Justice (“STJ”) issued a new decision on the duty to disclose. More recently, and after the arbitration was concluded, he was reported to have served as Previc’s chief attorney from April to November 2023. São Paulo: Revista dos Tribunais, 2023.
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.
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. Since March 2023, the ecosystem has been operating in pilot mode in English and Ukrainian.
On 26 December 2023, Azerbaijan adopted a new Law on Arbitration (“the Law” or “the New Law”) that regulates both international and domestic arbitration. The Law imposes certain requirements on domestic arbitration institutions as to their accreditation, organizational structure, governance, and financial capacity (Arts.
Most recently, Nigeria enacted the Arbitration and Mediation Act 2023 , thereby incorporating the UNCITRAL Model Law on International Commercial Arbitration into its arbitration legislation. Malawi also modernised its arbitration legislation by adopting the International Arbitration Bill 2023.
In August 2023, the Institute for Transnational Arbitration (“ITA”) published the “Final Report and Recommendations of the ITA Caribbean Task Force” (“ Report ”). Arbitration Initiatives Underway Many different initiatives are underway in the region to build capacity and to promote good international arbitration practice.
Jaime appeared in their personal capacities. In her closing remarks, Ladan Mehranvar pointed out that ISDS cases between 1987 and 2023 reveal that claimants won in only 15% of cases brought against high-income countries, whereas claimants won in 40% of cases against low-income countries. Mr. Bigge and Ms.
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).
On 8 September 2023, a tribunal comprising Prof. A decision on interpretation and correction of the award followed on 6 November 2023. A decision on interpretation and correction of the award followed on 6 November 2023. Ricardo Ramírez Hernández (President), Prof. John Gotanda and Prof. Bolivia ( PCA Case No.
Oft-cited as one of the most successful transboundary water-sharing mechanisms in the world, the IWT has resurfaced as the epicentre of an arbitration claim brought by Pakistan to the Permanent Court of Arbitration (“ PCA ”), with an Award on Competence having been rendered on July 6, 2023. This post examines this Award on Competence.
Strict laws, such as the Procurement Act 2023 and the Public Contracts Regulations, regulate public procurement activities in order to maintain accountability and safeguard public funds. Suppliers are frequently selected on the basis of their capacity to provide the needed goods or services at a reasonable cost.
In 2023, Slovenia and Luxembourg also notified their withdrawal, followed by Spain, Portugal and the UK in 2024. This post reflects the views of the author in her personal capacity only and not necessarily those of Italy of which she currently acts as representative at UNCITRAL WG III and OECD.
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. The advisory centre is billed as a response to these concerns. 63), instead situating the two pillars on the same plane.
On 28 December 2023, the Supreme Court of the Commonwealth of the Bahamas (the “Court” ) delivered a consolidated judgment in Gabriele Volpi v. Delanson Services Limited & 2 others and Delanson Services Limited v. 91 of the Trustees Act.
1444 of 2022 of 6 July 2023, which underlined the importance of respecting party autonomy in upholding arbitration agreements. In this post, we examine this shift in the UAE courts’ perception of arbitration by reference to two judgments of the Dubai Court of Cassation (“CoC”), namely, Case No. Dubai CoC Case No.
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
As of 1 June 2023, the Agreement on a Unified Patent Court ( UPC Agreement ) has entered into force, marking a milestone in the enhanced cooperation among 17 EU Member States. This piece deals with the recently established Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court (UPC).
It was 8:45 am in Santiago de Chile on August 30, 2023, and the Centro de Arbitraje y Mediación de la Cámara de Comercio de Santiago’s – CAM Santiago venue was full for the seminar “Tendencies in Investment Arbitration in Latin-America: Current Issues and Challenges.” We ought to wait and see.
On 28 July 2023, the Constitutional Court rendered judgement No. Article 13 of the COPCI provides the elements of an investment: i) flow of resources; ii) that produce goods and services; iii) that expand production capacity; and iv) create jobs. 2-23-TI/23 (“Decision”).
In 2023, ACICA received the highest number of cases filed in any one year with 21 new matters being submitted, bringing the total number of cases under administration in 2023 to 50 with a total value of AU$2.1 Some of these initiatives since 2021 which I am proud to highlight include: The continued growth of ACICA’s caseload.
Significantly, in June 2023, the Arbitrazh Court of St. 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
This growth trajectory underscores the confidence and trust the global legal community places in AFSA’s capacity to manage intricate international disputes. Analysing the sector-specific trends in arbitration from 2017 to 2023 reveals a dynamic shift in the nature of disputes being addressed.
On 24 March 2023, the Metaverse Dispute Resolution Colloquium was organised by the Digital Law Center (University of Geneva), the Geneva Center for International Dispute Settlement (CIDS) and MetaverseLegal to explore selected legal issues arising from disputes in/about the metaverse.
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