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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.
With just a week to go before the Procurement Act 2023 (Act) goes live, the National Procurement Policy Statement (NPPS) has been published, marking the final piece to complete the package of legislation and guidance on the Act. This aligns with the stronger sanctions in the Act relating to performance, exclusions, and debarment.
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.
The Foreign Corrupt Practices Act (“FCPA”) prohibits U.S. companies from engaging in bribery and corruption abroad when the payments are directed at foreign government officials to gain an improper business advantage. [4] 2] United States Attorneys’ Office, Voluntary Self-Disclosure Policy (2023) (citing U.S.S.G.
On November 17, 2023, Fordham Law School hosted its annual full-day Conference on International Arbitration and Mediation (“CIAM”), titled “ Key Issues in International Dispute Resolution: 2023.” Ethical Dilemmas Arising in Mediation Following brief opening remarks by Edna R.
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) from the arbitrators’ side.
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.
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.
Mr. Falkof shared insights on the English Commercial Court’s decision on 23 October 2023 to set aside the arbitral awards in full (the “ Judgment ”). Consequently, Nigeria challenged the award under Section 68 of the Arbitration Act 1996 (“ Arbitration Act ”).
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.
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.
In his speech, Mr Singh highlighted the importance of integrity, ethics and the rule of law, which were foundational to how SIAC and Singapore had built a trusted system, and underlined SIAC’s continued commitment to upholding these fundamental values. This was followed by a welcome address from Mr Davinder Singh SC.
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%.
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.
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.
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.
Ethical labour standards are non-negotiable, ensuring workers’ rights and well-being are protected throughout the supply chain. Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes.
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.
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.
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.
He shared that Indian parties have consistently ranked among the top foreign users of SIAC for a decade and that, in 2023, Indian arbitrators were the third most appointed nationality at SIAC. in the draft 7th ed. SIAC Rules.
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.
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.
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.
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.
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.
On 23 October 2023, the English High Court handed down a landmark decision setting aside a USD 11 billion arbitral award (the final award) obtained by a British Virgin Islands (“BVI”) company, Process and Industrial Developments Limited (“P&ID”), against the Federal Republic of Nigeria.
The year 2023 bore witness to the rise of ChatGPT, a development which prompted a flurry of commentary on the implications of the use of generative artificial intelligence (AI) in international arbitration. For all its benefits, however, the use of ChatGPT is not without risks, both professional and ethical.
On 14 September 2023, the Netherlands Arbitration Institute (NAI) held its Annual General Meeting at the Peace Palace in The Hague, attracting over 160 participants from the Netherlands and beyond. de Witt Wijnen explored several ethical dilemmas. This post provides an overview of the event’s highlights. The panel, which included Prof.
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.
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?”.
LECTURE Emilia ONYEMA, Corruption, Access to Arbitration for Local Communities: Mitigating the Cost of Corruption and Providing Access to Justice for Local Communities A written reflection of CIArbs 2024 Roebuck Lecture, this paper, in the context of the Nigeria v. 2023 (Singapore: World Scientific Publishing Co Pte Ltd.
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.
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.
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.
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.
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.
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”).
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.
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.
However, systemic challenges persist, including the lack of uniform ethical standards and effective enforceability mechanisms for professional lapses. Process & Industrial Developments Ltd (P&ID), however, introduces a new obligation on arbitrators to investigate allegations of corruption more seriously.
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.
In three recent decisions of September 4, 2023 ( 4A_144/2023 , 4A_146/2023 and 4A_148/2023 ), the Swiss Federal Tribunal confirmed that the key factor in extending an arbitration agreement to non-signatories is whether the non-signatories have manifested their willingness to be bound by the arbitration agreement.
Garth on ethical foundations in arbitration, followed by panels on cultural sensitivity and biases in decision-making. Discussions highlighted ethical standards and adapting proceedings to diverse cultural contexts. Discussions highlighted ethical standards and adapting proceedings to diverse cultural contexts.
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