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

Tracker Intelligence

FEBRUARY 28, 2025

Understanding The Public Sector Contract Termination Under The Procurement Act 2023 Contract termination provisionsare a crucial aspect ofpublic procurement compliance UK, guaranteeing thatcontracting authoritiescan legally and efficiently handle supplier relationships under theProcurement Act 2023.

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Procurement Contract Supplier Public Procurement 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 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.

Corruption 52

Corruption Participation Negotiation Sustainability 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 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.

Efficiency 52

Efficiency IT Corruption Transparency 52

Open Contracting Partnership

SEPTEMBER 19, 2024

Japan is generally perceived as a country with little political corruption. Feedback from municipal hearings suggests that information on procurement and public sector staff recruitment is already open, leading to questions about the need for further transparency. Why is open contracting policy needed in Japan?

Contract 67

Contract Transparency Public Procurement Procurement 67

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

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 ”). Transparency in Arbitral Proceedings In his judgment, Mr. Justice Knowles also raised the potential need for greater transparency in certain types of arbitration.

Integration 52

Integration Integrity Corruption Ethics 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

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.

Procurement 52

Procurement Public Procurement Buyers Thresholds 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

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 135

Public Procurement Procurement Contract Collaboration 135

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

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

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

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

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 Integration Integrity Government 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

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

Open Contracting Partnership

MARCH 5, 2024

We set up Open Contracting Partnership to be bold: we aren’t after just a bit more transparency of public contracts, we want to transform procurement to meet the urgent needs of our time. Our world runs on public contracts. Public procurement covers $13 trillion of spending every year, one in every three dollars spent by our governments.

Procurement 89

Procurement E-procurement Public Procurement Sustainability 89

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 E-procurement Sustainability 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 Supply Chain Transparency 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

Tracker Intelligence

FEBRUARY 16, 2025

Key Differences Between Public and Private Sector Procurement There are a few key differences between public and private sector procurement, including their objectives, the tendering process, supplier selection, regulations and frameworks, transparency in awarding contracts, and even the payment process.

Procurement 52

Procurement Tender Public Procurement Supplier 52

Kluwer Arbitration

OCTOBER 7, 2024

Minister Rajah nonetheless flagged that it was important for legal practitioners to be careful to guard against bias and to ensure ethical and transparent use of AI. The sessions also highlighted that trust in the dispute resolution system is paramount and that the ethics and values of both the users and institutions must be impeccable.

Ethics 52

Ethics Supply Chain Transparency Import 52

Kluwer Arbitration

SEPTEMBER 22, 2024

These policy objectives were already reflected in Angola’s National Development Plan for 2018-2022 , and were again reflected in the National Development Plan for 2023-2027. Second, the Agreement includes a set of ‘procedural’ obligations on Parties to enhance transparency and predictability in the application of measures.

Sustainability 52

Sustainability Transparency Influencing Negotiation 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

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 Finance Innovation 52

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

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

Open Contracting Partnership

AUGUST 14, 2023

The vision is to go beyond supporting “just” a transparency and reporting portal to have a digital ecosystem that integrates real-time damage assessments, budgets, project planning, procurement and delivery. Since March 2023, the ecosystem has been operating in pilot mode in English and Ukrainian.

Accountability 52

Accountability E-procurement Transparency Capacity 52

Tracker Intelligence

DECEMBER 30, 2024

Transparent criteria for evaluating social value proposals allow for fair competition among suppliers while keeping them liable for their commitments. Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 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

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

Kluwer Arbitration

FEBRUARY 10, 2024

As of March 2023, 155 treaties limit FET to the minimum standard of treatment under customary international law. After years of negotiations, the Assembly of Heads of State and Government of the African Union subsequently adopted the Protocol on Investment (“Protocol”) to the AfCFTA Agreement in February 2023. See Cargill v.

Balance 52

Balance Negotiation Thresholds Ethics 52