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. Together with the global community, we were able to close out 2023 with a big advocacy win, with the UN’s first ever resolution on public procurement passed in December.

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E-procurement Public Procurement Capacity Procurement 76

Kluwer Arbitration

NOVEMBER 3, 2023

On 16 June 2023, the Brazilian Superior Court of Justice (“STJ”) resolved the Appeal in Special Appeal n. The main aspect of the discussion is, thus, the possibility and necessity of the relevant regulatory agency participating in arbitration that involves a subject that, in the administrative realm, would be under its jurisdiction.

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Participation Evaluation Bidding Public Bidding 52

Whistleblower Network News

DECEMBER 28, 2023

“Interviews with attorneys who participate in the program and a review of SEC decisions — along with court cases challenging some of those decisions — portray a program straining under the weight of its success,” the article states. The article features insights from leading whistleblower attorney and advocate Stephen M.

Corruption 113

Corruption Participation Networking IT 113

Kluwer Arbitration

FEBRUARY 14, 2024

Looking back on 2023, we identify two trend areas: 1) drafting of new International Investment Agreements (“IIAs”) and model agreements; and 2) cases (including with amicus submissions) at the intersection of human rights and ISDS. According to UNCTAD, only one model agreement was released in 2023.

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Corruption Participation Negotiation Sustainability 52

Open Contracting Partnership

MARCH 11, 2025

In a previous post , we looked at Indonesia Corruption Watch s method for monitoring corruption risks in procurement. Analysis Another clue that strengthens the alleged violation is the number of tender participants. Finally, on April 3, 2023, the audit office responded to ICW. 19 billion).

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E-procurement Tender Budget Procurement 52

Open Contracting Partnership

DECEMBER 12, 2023

Imagine a world where projects are monitored in real-time, complaints are reduced, and citizens actively participate in shaping their communities. In early 2023, 16 more CSOs were brought on board to cover regions that were not covered before, such as in central Uganda. This has changed,” she says.

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Public Procurement Procurement Contract Collaboration 135

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

Kluwer Arbitration

JANUARY 21, 2024

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. In November 2023, law firm Bryan Cave Leighton Paisner LLP published its annual survey, AI in IA: The Rise of Machine Learning.

Ethics 52

Ethics Electronics Efficiency Collaboration 52

Kluwer Arbitration

MARCH 13, 2024

In the beginning of 2023, a diplomat told the Economi st that the Middle East was tired of conflict and that de -escalation and diplomacy would be the order s of the day. 585 of 2023 (Commercial) , that an arbitration clause within an invalid contract renders the arbitration clause as invalid as any other term in the contract.

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Efficiency IT Corruption Transparency 52

Kluwer Arbitration

FEBRUARY 8, 2024

This Part 2 continues reflections on key arbitration-related developments in Canada during 2023. Ordinarily, “a party’s participation in a proceeding (including through counsel) would […] evidence that a party had notice of that proceeding” (para.

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Consulting Participation Corruption Negotiation 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.

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Insurance Collaboration Education Participation 52

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

JANUARY 14, 2024

Developments in Arbitration-Related Law and Institutions In 2023, our Blog covered shifts within arbitration-related laws and examined novelties in institutional rules, offering insights into the evolving landscape of international arbitration in East and Central Asia.

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Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

DECEMBER 11, 2023

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. Gerard Meijer , (President of the NAI) welcoming the participants at the Peace Palace. Will we see you there?

Ethics 52

Ethics Buyers Participation Efficiency 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.

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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.

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Procurement Public Procurement Buyers Thresholds 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

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Efficiency Thresholds Consulting Management 59

Kluwer Arbitration

DECEMBER 5, 2023

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.” David is an associate at Chaffetz Lindsey LLP in New York and acted as Secretary to the 2023 New York Arbitration Week Organizing Committee.

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Ethics Efficiency Participation Telecommunication 52

Open Contracting Partnership

AUGUST 3, 2023

Introductory course The School of Applied Research in Public Procurement sought to develop participants’ skills in monitoring, research, policy analysis, and promoting public procurement reforms and open contracting in Central Asia, with a vision to improve transparency, accountability and efficiency in the use of public funds.

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Procurement Public Procurement E-procurement Participation 52

Kluwer Arbitration

MARCH 9, 2024

The Regional Arbitral Institutes Forum (RAIF) held the 2023 edition of its annual conference on 10 November 2023 in Bangkok, Thailand. Issues of corruption, investors coming in with unclean hands, as well as investors putting forward inflated claims are also some of the concerns of host states and other stakeholders.

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Balance Corruption Participation Utilities 52

Kluwer Arbitration

JANUARY 25, 2024

2023/PN.Jkt.Sel and Decision No. 2023/PN.Jkt.Sel, both from the District Court of Jakarta Selatan). The problem is, there is no legal obligation for this third party to participate in the arbitration. The importance of the subject matter of the claim has been confirmed by several court decisions (e.g.,

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Participation Contract Import Corruption 97

Kluwer Arbitration

DECEMBER 12, 2024

One of its goals is to increase womens participation in the workforce from 22% to 30% by 2030. 1) The World Bank reports progress in this field too, albeit at a different rate: in 2016, the participation of women in the workforce was 16.1% of the KSAs workforce, up from 20% in 2016. in 2015 to 26.1%

IT 52

IT Participation Data Corruption 52

Kluwer Arbitration

OCTOBER 4, 2023

Subsequently, it revised its proposal in the Second Consultation Paper in March 2023 by providing certain guidelines as to how the section 67 challenge should be restricted by acknowledging some measure of deference due to the doctrine of competence-competence. (b)

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Consulting Participation Corruption IT 75

Kluwer Arbitration

JANUARY 27, 2024

At the end of 2023 we had approximately 150,000 unique visitors each month. A huge success in Edinburgh, the Quiz is a mix of serious and not so serious questions to a select panel of arbitration lawyers and with an active participation of the audience with attractive prizes. Roger: Crina, you joined the Blog in 2012 – 12 years ago.

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Corruption Quality Participation Data 96

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. This preliminary view was further explored through a survey among the conference participants.

Efficiency 52

Efficiency Transparency Balance Import 52

Kluwer Arbitration

JANUARY 24, 2024

On 8 December 2023, the International Institute for Conflict Prevention & Resolution and the New York City Bar Association hosted the first Africa Arbitration Day in New York. In February 2023, African states adopted the Investment Protocol during the 36 th African Union Summit in Addis Ababa, Ethiopia.

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Sustainability Participation Negotiation Corruption 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.

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Impact Assessment Import Participation Transportation 45

Kluwer Arbitration

DECEMBER 5, 2023

On November 15, 2023, during the 5 th annual New York Arbitration Week , White & Case LLP hosted an event covering the possibility of obtaining evidence from non-parties to an international arbitration following the 2022 U.S. District Court for the Southern District of New York The final scenario saw the participants before a U.S.

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Automotive Participation Integrity Integration 52

Kluwer Arbitration

JUNE 9, 2024

Trade expertise is to assist in understanding technical evidence, not to provide evidence for a party who has chosen not to participate. Finally, of relevance for the Court was Bubbles & Wine v Lusha [2018] EWCA Civ 468. The views expressed in this post are the author’s own.

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Insurance Influencing Import Balance 104

Kluwer Arbitration

SEPTEMBER 26, 2024

In the October 2023 decision of Indian Oil Corporation Ltd v Arcelor Mittal Nippon Steel India Ltd (“ Indian Oil ”), the Delhi High Court refused to refer claims to arbitration as they had been extinguished under a duly approved insolvency resolution plan and were therefore “non-arbitrable.”

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Participation Negotiation Import Corruption 52

Kluwer Arbitration

OCTOBER 23, 2023

On 6 September 2023, the Law Commission of England and Wales issued its final report and draft Bill proposing amendments to the Arbitration Act 1996 (the Act ). Alternatively, a non-participating party can apply to the court under s72(1) of the Act for a declaration of lack of jurisdiction or an injunction.

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Participation Import IT Corruption 52

Kluwer Arbitration

OCTOBER 17, 2024

Explanation to Paragraph (2) The purpose of paragraph (2) is to avoid any resistance from participants in an arbitration, such as the management of a corporate party, who could consider taking a first step towards the other party to commence settlement negotiations as an admission of weakness.

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Negotiation Management Budget Efficiency 97

Kluwer Arbitration

OCTOBER 3, 2023

The forgery can be as simple as opening the eyes of a sleepy or inattentive arbitrator , or as severe as superimposing an arbitrator’s face and voice onto someone else’s body, forging the arbitrator’s virtual participation. Digital watermarking is a promising measure to counteract Deepfakes.

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Participation Ethics Digital Media Media 59

Kluwer Arbitration

NOVEMBER 22, 2023

On Friday, 8 September 2023, the International Chamber of Commerce ( ICC ) and the International Court of Arbitration (ICC Court) hosted a panel on the interaction between arbitration and national courts titled “ Arbitration and National Courts – Convergence or Divergence? ” at its headquarters in Paris.

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Corruption Participation Import IT 52

Kluwer Arbitration

NOVEMBER 8, 2023

This implies the simultaneous presence of all parties, the importance of which is emphasized twice: by clarifying that physical presence is not required where a party participates by video or live television link, and by requiring that the parties be summoned, with all the possible consequences of unexcused absence.

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Import Corruption IT Participation 98

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. Ong highlighted the difficulty of certain international lawyers participating in expert preparation, as their local rules do not permit them to do so. Further, Ms.

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Ethics Insurance Participation Import 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.

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