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.

Efficiency 52

Efficiency IT Corruption Transparency 52

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

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

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

SEPTEMBER 14, 2024

On 4 August 2023, in an investor-State dispute settlement (“ISDS) arbitration commenced against Australia on 29 March 2023 under the Association of Southeast Asian Nations (“ASEAN”) Australia New Zealand Agreement for a Free Trade Area (“AANZFTA”), Singapore-incorporated Zeph filed an application for interim measures including an unusual request.

Transparency 52

Transparency Government Government Integrity 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 10, 2024

2.925/2023 (“ Bill ”) is intended to amend federal law no. The goal is to ensure transparency in class arbitration proceedings involving stock market investors, corporations, officers, and major stakeholders (“Securities Disputes”), seeking to further protect the investors’ interests. 27-H in the Law no.

IT 52

IT Transparency Balance Corruption 52

Kluwer Arbitration

DECEMBER 24, 2023

Readers may want to go back to the early years of the Blog and read the excellent posts of Alexis Mourre ( see for example, Conflicts of Interest: Towards Greater Transparency and Uniform Standards of Disclosure? ), Jan Paulsson (begin with Are Unilateral Appointments Defensible? ), Laurent Lévy’s Jura Novit Curia?

Quality 59

Quality Management Collaboration Balance 59

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?”. Is greater transparency needed for revolution?

Corruption 52

Corruption Transparency Demand Consulting 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

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. Finally , the law encourages the publication of awards with the agreement of the parties to increase transparency.

Efficiency 52

Efficiency Transparency Balance Import 52

Open Contracting Partnership

AUGUST 3, 2023

The program holds valuable lessons for others working to empower contracting monitors with different skills and backgrounds to work closely together to foster transparency and better procurement practices in their regions. ” “Monitoring of public procurement is one of the main tools in the fight against corruption.

Procurement 52

Procurement Public Procurement E-procurement Participation 52

Kluwer Arbitration

SEPTEMBER 30, 2023

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.

Import 40

Import Efficiency Transparency Supply Chain 40

Kluwer Arbitration

JULY 1, 2024

Galindez discussed the increase of ICC arbitrations with Mexican parties in 2023 (the number one position in Latin America was previously held by Brazil for almost 10 years), due to the economic and social crisis that Mexico has faced in recent years, which has led to many disputes. Finally, Momodu commented on the P&ID v.

Corruption 52

Corruption Export Import Transparency 52

Open Contracting Partnership

JULY 6, 2023

Lithuania aims at 100% green procurement by the end of 2023, and data and technology are at the center of their effort, said Kestutis Kazulis , Principal Advisor on sustainable public procurement (SPP) at the Lithuanian Public Procurement Office. There were many, many more great examples to share.

Procurement 52

Procurement Public Procurement Sustainability E-procurement 52

Open Contracting Partnership

DECEMBER 8, 2023

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.

Corruption 71

Corruption Collaboration Data Public Procurement 71

Kluwer Arbitration

AUGUST 25, 2024

These were the public interest in: (i) the operation and practice of arbitration; and (ii) the desirability of public scrutiny as a means by which confidence in the courts can be maintained and the administration of justice made transparent.

Transparency 59

Transparency Purchasing Balance Corruption 59

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

Kluwer Arbitration

OCTOBER 17, 2023

On the second day of Hong Kong Arbitration Week 2023, the ICC International Court of Arbitration (ICC) and the International Chamber of Commerce – Hong Kong (ICC-HK) hosted an in-person event on “ Challenges of the 21 st Century: Regulation of Use of AI in Dispute Resolution and Making ADR Work.”

Transparency 52

Transparency Balance Corruption Demand 52

Open Contracting Partnership

DECEMBER 12, 2023

As Einer Fogh of GIZ Uganda highlights, “there is a vibrant civil society in Uganda, with many organizations working on transparency and anticorruption. In early 2023, 16 more CSOs were brought on board to cover regions that were not covered before, such as in central Uganda. We needed to find a new way to work together.”

Public Procurement 130

Public Procurement Procurement Contract Collaboration 130

Kluwer Arbitration

MAY 29, 2024

However, on 5 July 2023, the Courts and Civil Law (Miscellaneous Provisions) Act 2023 was signed into law and section 124 of the same sets out an amendment to the Arbitration Act 2010 , providing that maintenance and champerty do not apply to “dispute resolution proceedings”.

Corruption 52

Corruption Transparency Demand IT 52

Kluwer Arbitration

NOVEMBER 1, 2023

Reliability and Transparency AI tools also likely fall short of the requirements of reliability and transparency that are necessary to sustain the legitimacy of legal proceedings. It is questionable whether a judge or arbitrator that relies on “AI quantum experts” can meet this standard for reliability and transparency.

Transparency 59

Transparency Media Data Efficiency 59

Kluwer Arbitration

SEPTEMBER 3, 2024

Robust data protection measures, transparency, adherence to local, national, and international laws, and a mechanism for challenging outcomes are needed (see e.g., the European Union’s Artificial Intelligence Act ). On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

OCTOBER 12, 2023

However, this may change following the High Court’s consideration of Tesseract International Pty Ltd v Pascale Construction Pty Ltd (Case A9/2023) later this year. More coverage from Australian Arbitration Week is available here , and further publications by the Kluwer Arbitration Blog on sports and arbitration are available here.

Media 52

Media Transparency Participation Import 52

Open Contracting Partnership

OCTOBER 3, 2023

Throughout the pandemic, significant amounts of public funds were disbursed without seeking parliamentary approval, and the procurement process itself became tainted by multiple instances of corruption and cronyism. It would signify a major leap forward in Malaysia’s battle against corruption and mismanagement of public funds.

Public Procurement 115

Public Procurement Procurement Corruption Transparency 115

Kluwer Arbitration

MARCH 15, 2024

On 28 July 2023, the Court declared unconstitutional the provision contained in chapter 15.20 Following such decision, on 12 October 2023, the Court declared the Free Trade Agreement between Ecuador and the People’s Republic of China (“ PRC ” and “ Agreement ”) constitutional in Decision No. 8-23-TI/23 (“ Decision ”).

IT 52

IT Corruption Transparency Contract 52

Kluwer Arbitration

FEBRUARY 24, 2024

Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. At least not explicitly. Enacting these regulations does not require approval from foreign investors. The same holds true for IIAs, which are state-to-state endeavors.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

JANUARY 13, 2024

It was 8:45 am in Santiago de Chile on August 30, 2023, and the Centro de Arbitraje y Mediación de la Cámara de Comercio de Santiago’s – CAM Santiago venue was full for the seminar “Tendencies in Investment Arbitration in Latin-America: Current Issues and Challenges.” We ought to wait and see.

Balance 52

Balance Transparency Negotiation Government 52

Kluwer Arbitration

DECEMBER 16, 2023

In 2023, Brazil reached 94% of renewable production in its electrical matrix. Standardization of case law : CCEE recognizes the importance of maintaining a database of the arbitral decisions to promote transparency concerning the application of regulatory rules. The Avianca case (2023) : Counsel relied on case law that did not exist.

Insurance 40

Insurance Demand Corruption Supply Chain 40

Kluwer Arbitration

JULY 22, 2024

In a recent 2023 survey (“‘Fair’ and ‘Equitable’ Treatment Provisions in Investment Treaties; A Large-Sample Survey of Treaty Provisions”) the OECD found 51 of these treaties (covering a total of 136 bilateral relationships).

Thresholds 52

Thresholds Influencing Corruption Transparency 52

Kluwer Arbitration

DECEMBER 14, 2023

This interview is particularly timely in light of the implementation of Nigeria’s long-awaited 2023 Arbitration and Mediation Act , which replaces Nigeria’s 35-year-old Arbitration and Conciliation Act 1988. Please give our readers a concise introduction about yourself and the path that led you to assume the role of Chairman of LACIAC?

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Kluwer Arbitration

APRIL 9, 2024

On 21 December 2023 the Court of Justice of the European Union (“CJEU”) handed down its decision in Case C-124/21 P, International Skating Union v. Therefore it must use that power in accordance with substantive criteria which are transparent, clear, and precise, and published in readily accessible form (para. European Commission.

IT 59

IT Management Participation Negotiation 59

How to Crack a Nut

MARCH 10, 2023

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.

Procurement 52

Procurement Public Procurement Ethics Transparency 52

Kluwer Arbitration

APRIL 11, 2024

In 2023, the total amount in dispute of the cases was 19.2 SMART” stands for safe, mobile internet and mass data, artificial intelligence, revolutionary, and transparency. In 2023, 8,727 remote filings were made, making up 72.7% The SCIA’s increasing international caseload also reflects its success in achieving independence.

Electronics 52

Electronics Management Efficiency Networking 52

Kluwer Arbitration

FEBRUARY 18, 2024

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”).

Negotiation 52

Negotiation Supply Chain Education Transparency 52

Kluwer Arbitration

JUNE 23, 2024

The Working Group did not take up early suggestions for prioritising Article 7 services over the more general training and sharing work ( October 2023 Session Report , para. 43 and 50); third-party funding of ISDS claims, which raises concerns about transparency and perverse incentives ( October 2019 Session Report , paras.

Export 52

Export Finance Sustainability Capacity 52

Kluwer Arbitration

OCTOBER 18, 2023

On the third day of Hong Kong Arbitration Week 2023, the ADR in Asia Conference, the flagship event of the Hong Kong Arbitration Week, hosted a panel discussion on the Hong Kong Outcome Related Fee Structures for Arbitration (“ ORFSA ”) regime. Although the ORFSA regime is still in its early days, Ms.

Insurance 52

Insurance Price Risk Management Accountability 52