Kluwer Arbitration

FEBRUARY 19, 2024

2023 marked a milestone in the reform of investor-State dispute settlement (“ISDS”). This year-in-review post, featuring the perspectives of our contributors from 2023, primarily focuses on the efforts of UNCITRAL Working Group III (“WG III”) in ISDS reform and the adoption of the Codes, and offers a brief status report on ECT modernization.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

JANUARY 28, 2024

In 2023, the international arbitration landscape in California continued to develop and grow. 2 nd Annual California International Arbitration Week, and Plans for 2024 In March 2023, California Arbitration (CalArb) and California Lawyers Association (CLA) hosted the 2 nd Annual California International Arbitration Week (CIAW) in Los Angeles.

Corruption 52

Corruption Participation Efficiency Ethics 52

Open Contracting Partnership

OCTOBER 11, 2023

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.

Data 115

Data Corruption Supplier Media 115

Kluwer Arbitration

JULY 14, 2024

The wide-ranging program covered cutting edge technological innovations and timeless human considerations such as persuasion, corruption, and disability inclusion. The proposal had echoes of the 2023 ICC Commission Report on Facilitating Settlement in International Arbitration. AAA-ICDR Bridget M. From there, Ms.

Corruption 59

Corruption Innovation Quality Import 59

Kluwer Arbitration

MARCH 9, 2024

Key cases around enforcement include CEF and CEG v CEH [2022] SGCA 54 , CVG v CVH [2022] SGHC 249 (as covered in a previous blog post ) and CZD v CZE [2023] SGHC 86. It is noteworthy that more recent analysis in this 2023 blog post showed that the enforcement rate for applications made between 2012 and 2022 had reached 91%.

Ethics 52

Ethics Corruption Finance Negotiation 52

Kluwer Arbitration

NOVEMBER 25, 2023

Nelson Edward TIMKEN, A Proposal to Establish an International Commercial Arbitration Ethics Panel and Hotline to Resolve Disclosure and Conflicts Issues Guidelines called ‘soft laws’ applicable to international arbitrator ethics provide a basis for self-regulation in the avoidance of conflicts.

Management 52

Management Ethics Corruption Quality 52

Kluwer Arbitration

SEPTEMBER 30, 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.

Import 40

Import Efficiency Transparency Supply Chain 40

Kluwer Arbitration

OCTOBER 14, 2023

On 31 August 2023 and 1 September 2023, the ICAL Alumni Association held the ICAL 20th Anniversary Conference entitled “Evolution or Revolution: Have We Mastered International Arbitration or Do We Need a New Blueprint for the Future?”.

Corruption 52

Corruption Transparency Demand Consulting 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

OCTOBER 20, 2023

On October 2-4, 2023, the Atlanta International Arbitration Society (“AtlAS”) hosted its 12 th Annual Conference, in Atlanta, Georgia, USA. The panel discussed ethical issues that can arise at arbitral institutions and in the appointment and instruction of expert witnesses. Further, Ms.

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

SEPTEMBER 3, 2024

Before we get too excited, one should consider that AI systems, including emotion AI, still face challenges today, including ethical concerns surrounding data privacy and bias in algorithms, ‘hallucinations,’ and limitations in understanding context. On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

APRIL 1, 2024

The week also promises comprehensive explorations into the African Continental Free Trade Area, delving into the future of investment protection, technological impacts on arbitration, and ethical standards, contributing significantly to the global arbitration dialogue.

Ethics 52

Ethics Influencing Integrity Integration 52

Open Contracting Partnership

DECEMBER 8, 2023

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.

Corruption 71

Corruption Collaboration Data Public Procurement 71

Kluwer Arbitration

JUNE 5, 2024

Mr. Paulsson further emphasized the need to maintain ethical standards and avoid the pitfalls of professionalizing arbitration too much, which could lead to a system where decisions are influenced by factors other than merit. Complementing this, the Commercial Transactions Law addresses specific commercial activities.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 52

How to Crack a Nut

MARCH 10, 2023

Procurement is thus seen as a mechanism of ‘regulation by contract’ whereby the public buyer can impose requirements seeking to achieve broad goals of digital regulation, such as transparency, trustworthiness, or explainability, or to operationalise more general ‘AI ethics’ frameworks.

Procurement 52

Procurement Public Procurement Ethics Transparency 52

Kluwer Arbitration

DECEMBER 21, 2023

By the time the matter was presented to the English High Court of Justice, Nigeria’s obligation, which originally arose from a 20-page agreement, reached $11 billion and amounted to nearly a half of Nigeria’s entire budget for 2023 and far more than what had been allocated for its health and education services, combined.

IT 52

IT Corruption Ethics Education 52

Kluwer Arbitration

JUNE 7, 2024

By contrast, in India, the Delhi High Court delivered a judgment in June 2023 which, whilst not expressly prohibiting litigation funding, did not allow the costs to be recovered by the litigation fund as the latter was not a party to the arbitration.

Import 52

Import Ethics Influencing Negotiation 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 ”. Mr Yin noted that most jurisdictions generally have consistent ethical standards.

Import 40

Import Retail Ethics Influencing 40

Kluwer Arbitration

OCTOBER 27, 2023

From 13 to 15 September 2023, the Brazilian Arbitration Committee – CBAr held its 22 nd International Arbitration Conference (“22 nd CBAr IAC” or “Conference”) in Rio de Janeiro. Mr. Potsch then presented an updated analysis on how Brazilian State Courts applied the CISG between August 2020, and June 2023.

Contract 52

Contract Import Ethics Corruption 52

Kluwer Arbitration

MAY 11, 2024

The process for drafting the Guidelines on the Use of Artificial Intelligence in Arbitration was officially announced in July 2023 with a dedicated drafting subcommittee for the AI Task Force comprising renowned arbitration experts. These guidelines will serve as a point of reference for arbitrators.

Integrity 52

Integrity Integration Participation Efficiency 52

Kluwer Arbitration

DECEMBER 9, 2023

As the most prestigious arbitral institution in the world, the ICC International Court of Arbitration celebrated its 100th anniversary in 2023. He began his remarks by pointing out that “ success fees are not accepted everywhere ”, emphasizing the significance of local culture and local ethics in interpreting this concept.

Public Bidding 52

Public Bidding Import Demand Bidding 52

Kluwer Arbitration

MAY 3, 2024

In late 2023, a UN report warned that investor-state arbitration has “catastrophic consequences for the environment and human rights.” Regardless of whether this is ethical, is it still solid advice? Efforts to modernize the ECT surfaced vigorous public opposition against the treaty, and cases like Rockhopper v. Italy and Eco Oro v.

Insurance 52

Insurance Finance Sustainability Ethics 52

Kluwer Arbitration

FEBRUARY 18, 2024

In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”).

Negotiation 52

Negotiation Supply Chain Education Transparency 52

Kluwer Arbitration

FEBRUARY 10, 2024

As of March 2023, 155 treaties limit FET to the minimum standard of treatment under customary international law. With this objective in mind, the PAIC, lists a range of investor obligations related to corporate social responsibility, use of natural resources, corporate governance, business, ethics and human rights. See Cargill v.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

JUNE 20, 2024

laws, treaties, domestic statues, ethical rules, etc.) Instead, it tries to highlight the most significant changes and additions to the draft that has been public since 31 August 2023. Where rules and regulations (e.g. This article does not aim to go over the recently published Guidelines in their entirety.

Evaluation 52

Evaluation Thresholds Ethics Accountability 52

Government Contracts Legal Forum

JANUARY 5, 2024

The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 , signed into law on December 22, 2023, makes numerous changes to acquisition policy. DODIG–2023–041). Crowell & Moring’s Government Contracts Group discusses the most consequential changes for government contractors here.

Government 40

Government Government Export Data 40

Kluwer Arbitration

OCTOBER 3, 2023

Traditional guidelines, such as the CIArb’s Code of Conduct or the CIArb’s Guideline on the Use of Technology , predate the deepfakes and do not deal with this tactic, which lies at the intersection of technology, law, and ethics, masking itself as a genuine defence.

Participation 59

Participation Ethics Digital Media Media 59

AWS Public Sector

JULY 31, 2024

The 2023-2026 data strategy of the Government of Canada (GC) The GC’s data strategy describes how the Federal Public Service intends to utilize data over the next three years to deliver enhanced services and value to Canadians. Additionally, continuously running anomaly detection on claims and grievances would curb fraud and corruption.

Data 66

Data Government Government Demand 66

Kluwer Arbitration

APRIL 20, 2024

While the latter group has indeed contributed to an orderly improvement of the ISDS processes with focus on ethics, transparency and efficiency, the former group has forced terminations of several treaties and the triggering of sunset clauses with rather little tangible outcomes. Loukas Mistelis, Co-Editor-in-Chief Prof.

Ethics 52

Ethics Balance Corruption Transparency 52