How to Crack a Nut

NOVEMBER 14, 2023

On 13 November 2023, the UK Government published guidance setting out its ambitions for innovation procurement under the new Procurement Act 2023 (not yet in force, of which you can read a summary here). 94 PA 2023). This is an important issue that may require further discussion in a separate post. 20 PA 2023).

Procurement 127

Procurement Innovation E-procurement Buyers 127

Whistleblower Network News

APRIL 25, 2024

In this episode of the Whistleblower of the Week podcast , host Jane Turner speaks with Mzukisi Makatse, who blew the whistle on a corrupt grant awarded by the South African Lottery Commission. Makatse was honored for his bravery by Blueprint for Free Speech in their 2023 Whistleblowing Awards.

Corruption 93

Corruption Networking Import 93

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 68

E-procurement Public Procurement Capacity Sustainability 68

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

FEBRUARY 25, 2024

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 ). They remain an important battlefield for all relevant issues.

Negotiation 64

Negotiation Framework Agreement Import Capacity 64

Whistleblower Network News

MAY 22, 2024

[link] In this episode of the Whistleblower of the Week podcast , host Jane Turner speaks with Johannah Phenya, the owner of a South African IT company who alongside her husband blew the whistle on alleged corruption and fraud in the awarding of government contracts. Subscribe on your favorite platform!

Corruption 75

Corruption Government Contracts Networking Import 75

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

FEBRUARY 29, 2024

Griffiths [2023] UKSC 48 recently considered the question whether a party must challenge a witness and expert evidence in cross-examination if it wants to have that evidence discredited or disregarded. The decision has important implications for arbitration. D [2019] EWHC 1277 (Comm) ; BPY v MXV [2023] EWHC 82 (Comm)).

Import 64

Import Balance IT Corruption 64

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

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 7, 2024

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. Chongqing SENCI Import & Export Trade Co., Bielski , No. 22-105 (U.S. Smagin , No.

Collusion 52

Collusion Insurance Capacity Corruption 52

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. République du Congo v.

Corruption 52

Corruption Insurance IT Contract 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

JANUARY 8, 2024

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.

Insurance 52

Insurance Collaboration Education Participation 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

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

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

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

NOVEMBER 9, 2023

Practitioners from Canada and around the world gathered in Toronto from October 16-18, 2023, for the fourth iteration of CanArb Week. This issue is developing rapidly, and the panelists noted the advent of draft guidelines for the use of AI in arbitration published in August 2023 by the Silicon Valley Arbitration and Mediation Center.

Corruption 52

Corruption IT Demand Consulting 52

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 IT 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

JANUARY 30, 2024

In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This post summarizes key ISDS and climate change developments that took place in 2023. This led more EU member states to notify their withdrawal.

Influencing 59

Influencing Balance IT Risk Management 59

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

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

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.

Balance 52

Balance Corruption Quality Efficiency 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

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

Import and Trade Remedies

NOVEMBER 30, 2023

On 15 November 2023, the European Public Prosecutor’s Office (“ EPPO ”) uncovered a EUR 200M customs and VAT fraud scheme. The EPPO has the power to investigate, prosecute and bring to judgment crimes against the EU budget, such as fraud, corruption or serious cross border fraud.

Impact Assessment 45

Impact Assessment Import Participation Transportation 45

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 Import 52

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 Transparency Supply Chain 40

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 IT Import 52

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

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

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?”. This progression stands on the reform efforts of countless institutions and bodies over the years.

Corruption 52

Corruption Transparency Demand Consulting 52

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 100

Government Government Quantity Corruption 100

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

JUNE 8, 2024

increase in registered cases in 2023, with real estate and construction disputes comprising 60% of its caseload. The institution has implemented new rules to expedite proceedings and ensure diversity in arbitrator appointments, with women making up 31% of appointed arbitrators in 2023. By way of introduction, the DIAC reported a 4.4%

Efficiency 52

Efficiency Import Innovation Finance 52