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 114

Corruption Networking Transparency Accountability 114

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

MARCH 2, 2024

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.

Corruption 52

Corruption Ethics Transparency Import 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 Capacity Import 64

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

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

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

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

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

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 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

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 Demand IT Consulting 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

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 Risk Management IT 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

OCTOBER 30, 2023

The Court found that it was very important to both parties, but: “perhaps even more to the applicants, who are not based in this country, that the selected arbitrator not have a professional or personal relationship with either party or their counsel” (para.

Import 52

Import Insurance 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

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

How to Crack a Nut

MARCH 28, 2023

The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. The procurement data governance framework is now planned to be developed in the second half of 2023. As always, ‘no data, no fun’ (see below 5).

Procurement 52

Procurement Public Procurement Buyers Thresholds 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

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

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

MARCH 20, 2025

CZU [2023] SGHC(I) 11, which extended the implied obligation of confidentiality to the deliberations of the arbitral tribunal. This article explores the extent to which arbitrators deliberations are confidential in Australia. It examines international practice, and in particular the landmark Singaporean case of CZT v.

Management 52

Management Efficiency Evaluation Balance 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

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 ”).

Integration 52

Integration Integrity Corruption Ethics 52