Open Contracting Partnership

FEBRUARY 1, 2024

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. These will be important points to double down on in our new strategy. Both our 2023 score and our final strategy count landed on an average 6.9

E-procurement 76

E-procurement Public Procurement Capacity Procurement 76

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 123

Data Corruption Supplier Public Procurement 123

Government Contracts & Investigations

DECEMBER 6, 2023

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] While pre-acquisition due diligence is important, it does not always uncover misconduct.

Corruption 52

Corruption Internal Control Ethics Accountability 52

Kluwer Arbitration

JANUARY 12, 2024

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). Further, the easement on US sanctions on Venezuela in 2023 might also impact the foreign investment the country receives.

Corruption 52

Corruption Telecommunication Tender Insurance 52

Kluwer Arbitration

JANUARY 23, 2024

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.

Collaboration 52

Collaboration Corruption Import Sustainability 52

Kluwer Arbitration

APRIL 2, 2024

On 22 December 2023, a Tribunal composed of Prof. On its part, the Respondent raised several objections to the jurisdiction of the Tribunal, specifically pointing to several instances of corrupt and illegal acts allegedly committed by Worley at the making and during the operation of the investment. Bernard Hanotiau, Prof.

Corruption 40

Corruption Bidding Balance Public Procurement 40

Whistleblower Network News

JANUARY 26, 2024

According to the government’s allegations, “between January 2021 and October 2023, HMIS engaged in a systemic and fraudulent overcharging of DOE for fire protection work at Hanford. We will continue to work hand-in-glove with our law enforcement partners to end fraud and corruption at Hanford and support environmental remediation.”

Government 113

Government Government Quantity Corruption 113

Kluwer Arbitration

MAY 2, 2024

Supreme Court of Chile, 71.508-2022, 05 October 2023 Laura Aguilera Villalobos, Centro de Arbitraje y Mediación de la Cámara de Comercio de Santiago (CAM Santiago), ITA Reporter for Chile The Supreme Court of Chile grants exequatur, recognizing and authorizing the enforcement of a foreign arbitration award from France, based on Law No.

Transportation 52

Transportation Transportation Corruption IT 52

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

Kluwer Arbitration

DECEMBER 22, 2023

Following the success of previous editions (see here for previous coverage), the fourth edition of Copenhagen Arbitration Day took place in October 2023. He emphasised the importance of arbitration to business and society, particularly owing to the present burden on the courts. 1, to what arbitration could be like in 2035.

Thresholds 52

Thresholds Corruption Import Management 52

Kluwer Arbitration

OCTOBER 26, 2023

On 22 August 2023, the Singapore International Arbitration Centre (“ SIAC ”) published the Draft 7th Edition of the SIAC Rules (the “ Draft Rules ”) for public consultation. The public consultation period remains in effect until 21 November 2023 and comments can be submitted via email to rulesconsult2023@siac.org.sg

Efficiency 59

Efficiency Thresholds Consulting Management 59

Kluwer Arbitration

DECEMBER 26, 2023

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? It is now important for the Centre to show that it is independent and efficient with a commitment to promote ADR services in Asia and beyond.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

FEBRUARY 16, 2024

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. Decision 4A_486/2022 (26 April 2023) concerned a tennis player (A.) as licensor and B. as licensee. Before the SFSC, A.

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

DECEMBER 23, 2023

The third edition of the annual Uzbek Arbitration Week (UzAW 2023), held in Tashkent, Uzbekistan between 10-15 September 2023, continued its mission to establish Uzbekistan as the preferred seat for arbitral proceedings in the CIS region and beyond. This post provides an overview of the key highlights from the event.

Collaboration 52

Collaboration Transparency Efficiency Influencing 52

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

FEBRUARY 8, 2024

In 2023, Canadian courts were called to rule on a multitude of fascinating issues, including distinguishing arbitration from expert determination ( Clearspring Capital Partners II v. In addition to judicial developments, several initiatives and events enriched 2023. Additional 2023 year in review posts are available here.

Influencing 52

Influencing Logistics Corruption Contract 52

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 panel concluded by agreeing on the importance of consulting legal and quantum experts as early as possible in the dispute resolution process.

Negotiation 52

Negotiation Corruption Government Government 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. Therefore, it is important to remain open to a variety of potential dispute resolution mechanisms.

Management 52

Management Negotiation Import Price 52

Kluwer Arbitration

NOVEMBER 11, 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 ).

Management 52

Management Efficiency Negotiation Capacity 52

Kluwer Arbitration

DECEMBER 30, 2023

On 23 November 2023, Young Arbitrators Sweden (YAS) held its fifteenth annual Arbitration Day (Sw. Such disputes are increasingly complex and evidence-heavy, and the panel agreed on the importance of Procedural Order No 1 (PO1). The importance of honest and accurate advice, including on the probabilities of success, was also stressed.

Innovation 52

Innovation Import Sustainability Influencing 52

Kluwer Arbitration

JUNE 9, 2024

In this context it is important to recall that bias is not used in a pejorative sense, rather it means the absence of demonstrated independence and impartiality ( Yiacoub v The Queen [2014] UKPC 22 ). The principle is far too important to allow it to be passed over [….]” The views expressed in this post are the author’s own.

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

MARCH 4, 2025

In light of the 2024 Draft Revisions, there are several important issues that remain unclear, and which parties may encounter in practice: Is Asset Preservation Possible? The latest 2024 Draft Revisions essentially confirm the existing regime for ad hoc arbitration in China, rather than expanding its scope.

Utilities 52

Utilities Corruption IT Government 52

Kluwer Arbitration

DECEMBER 20, 2023

The General Assembly has a number of powers amongst which is the power to consider and decide on points of law, which are complex, new or of significant importance. The Decision of the General Assembly On 24 October 2023, Decision No. 10 of 2023 ( courtesy translation by the authors ) was rendered by the General Assembly.

Corruption 105

Corruption IT Import 105

Kluwer Arbitration

OCTOBER 23, 2024

17 of 1916) , passed more than a century ago, and makes Guyana the latest Commonwealth Caribbean country, after Trinidad and Tobago, which passed new legislation in 2023 , to modernize its arbitration laws. The AA repealed the outdated Arbitration Act, Cap 7:03, Laws of Guyana (Act No. These provisions bode well for arbitration agreements.

Bidding 98

Bidding Corruption Import IT 98

Kluwer Arbitration

OCTOBER 22, 2024

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 ”).

Integrity 52

Integrity Integration Corruption Ethics 52

Kluwer Arbitration

JANUARY 1, 2024

The UK Supreme Court (‘UKSC’) addressed the meaning of ‘ matter’ in Article II(3) of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (‘NYC’) in its judgment of 20 September 2023 in Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) [2023] UKSC 32 (‘ Mozambique v Privinvest’ ).

Corruption 52

Corruption Contract Import IT 52

Kluwer Arbitration

AUGUST 21, 2024

In April 2024, a law passed by the Investment Authority opened the import, wholesale, retail and export (of raw coffee, khat, oilseeds, pulses, hides and skins, forest products, poultry and livestock bought from the local market) sectors to foreign investments. This is a significant leap towards an arbitration-friendly environment.

Retail 97

Retail Export Import Corruption 97

Kluwer Arbitration

JANUARY 10, 2024

2.925/2023 (“ Bill ”) is intended to amend federal law no. The Bill was being discussed earlier this year by the Brazilian Congress as a matter of urgency, which is no longer in effect since the urgency regime was revoked by the Executive on September 13, 2023. 6.404/1976 (regulating joint-stock companies/business corporations).

IT 52

IT Transparency Balance Corruption 52

Kluwer Arbitration

NOVEMBER 11, 2023

On 14 September 2023, the DIS Autumn Conference “A World Map of Arbitration in the 21st Century – and What to Find in Germany” showcased Germany’s eminent position in the field. For example, the tribunal could point out its view on important issues, or the evidence that is required.

Efficiency 52

Efficiency Transparency Balance Import 52

Kluwer Arbitration

JANUARY 11, 2024

This achievement will mark an important milestone in my professional career as I will become the first licensed to practice in both Bulgaria and South Africa. Since its establishment in 1996, AFSA has developed a reputation for professionalism and efficiency, overseeing 6,000 domestic and 144 international arbitrations by 2023.

Efficiency 98

Efficiency Quality Demand Collaboration 98

Kluwer Arbitration

JANUARY 25, 2024

The importance of the subject matter of the claim has been confirmed by several court decisions (e.g., 2023/PN.Jkt.Sel and Decision No. 2023/PN.Jkt.Sel, both from the District Court of Jakarta Selatan). most recently, Decision No. 2) The author was involved in both cases as counsel for the successful party.

Participation 97

Participation Contract Import Corruption 97

Kluwer Arbitration

SEPTEMBER 30, 2023

Moreover, along with the shift from traditional trade disputes to tech-related disputes, arbitrations relating to cryptocurrency and cybersecurity are of increasing importance. The panel finally stressed the importance of equipping individuals interested in America-Asia trade with the necessary knowledge and skills.

Import 40

Import Efficiency Supply Chain Transparency 40

Kluwer Arbitration

OCTOBER 12, 2023

A beautiful Perth morning on Thursday, 12 October 2023 saw the convening of the panel – “Resolving Disputes on Major Projects – Lessons Learned from Recent Arbitration Proceedings”. Drafting clauses to best effect is an important part of the dispute process. This concludes our coverage of Australian Arbitration Week 2023.

Efficiency 98

Efficiency Management Utilities Corruption 98

Kluwer Arbitration

FEBRUARY 7, 2024

In 2023 alone, this included reforms in national legislation, international instruments, and institutional rules. On the national legislation front, the flagship reform is the enactment in June 2023 of the new Saudi Civil Transactions Law , which came into force on 16 December 2023.

IT 52

IT Tender Efficiency Electronics 52

Open Contracting Partnership

NOVEMBER 4, 2024

But an amendment to the procurement law in December 2023 has paved the way to making the Observatory’s monitoring systems available to the public too. Since updating the site in December 2023, visitors to the Observatory microsite have increased by more than 300%.

Procurement 62

Procurement E-procurement Tender Purchasing 62

Open Contracting Partnership

MARCH 5, 2024

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. We will make sure our solutions are co-built with local partners who will own an important ‘problem’ and who will own and scale the approach.

Procurement 89

Procurement E-procurement Public Procurement Sustainability 89

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 Integration Integrity 90