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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? One example is the recent modernisation of the Centre’s institutional ADR rules in August 2023. Let’s talk about the revised AIAC Arbitration Rules (2023).
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. The amendments will become effective in April 2024.
On 29 November 2023, Professor Kiran N. The program bridged and expanded the discussion that took place at a highly popular program featured in the 2022 edition of WAW on the influence of public international law (“PIL”) on ISDS (read the prior KAB coverage here ). 2001-4, Partial Award, 17 March 2006.
Since 2016, Mongolia has been working to establish a new model BIT to guide the negotiation of new BITs and the renegotiation of existing BITs. In 2023, Mongolia held extensive consultations on the draft laws, deepening its engagement with stakeholders and demonstrating a commitment to transparency.
Procurement thus heavily influences the interaction between the State’s contractual agents and citizens, and becomes a tool for the regulation of public service delivery. After protracted negotiations, EU procurement law now comprises a set of three instruments seeking to rebalance the (complete) openness of EU procurement markets.
The Singapore International Arbitration Centre (SIAC) returned to Manila in full force in 2023. SIAC appears to be on the frontlines of influencing this progress, having administered cases involving 169 parties from the Philippines with a total sum in dispute in excess of SGD 5 billion in the last five years.
However, implementation of the final rule will be heavily influenced by opaque trainings and internal policy memos. GSA published its EPA proposed rule, GSAR Case 2020-G510, Federal Supply Schedule Economic Price Adjustment , on November 16, 2023. These actions gave GSA the time it needed to complete the rulemaking process.
The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations. Canada and E.U. countries, are by far the most vocal participants in the discussions.
Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted. 2023 (Singapore: World Scientific Publishing Co Pte Ltd. Kamnani : Contemporary Issues in Mediation: Volume 8 edited by Joel Lee et al.,
government is the largest purchaser in the world, significantly influencing the purchasing landscape. Government agency programs like the GSA Schedules provide long-term contracts, allowing businesses to sell commercial products and services at pre-negotiated prices, simplifying the purchasing process.
Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. a negotiation period, time limitations, or excluded disputes).
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”).
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. Its focus on sustainability, transparency, and problem-solving represents a new approach that could influence the future of investment agreements worldwide.
In already formally notifying its withdrawal, the UK has therefore put itself into a position where it can no longer influence which version of the ECT it will sail into the sunset. Indeed, the ECT’s contracting parties had negotiated a “flexibility mechanism” for the modernized ECT. Germany and France), the UK’s case is special.
One solution is for legal teams to establish record processes at the time contracts are being negotiated. The negotiation team being most of the time different from the executing team, gathering all relevant knowledge about a case or a contract requires an in-house counsel to grab information from other persons involved in the project.
On 28 November 2023, Justice Humberto Martins, from the Superior Court of Justice (“STJ”) issued a new decision on the duty to disclose. More recently, and after the arbitration was concluded, he was reported to have served as Previc’s chief attorney from April to November 2023. São Paulo: Revista dos Tribunais, 2023.
will eventually ease monetary conditions to influence a lowering of interest rates. [15] 27] “He noted that in early 2023 this model suggested only a 12% chance of a recession[.]” [28] Other Negative Indicators On top of the foregoing, some negative indicators are sprouting. treasuries. [13] 13] , [14] Think of it this way. billion.”
As such, it served as a useful reminder to arbitration practitioners that regulatory approaches in respect of one might well influence attitudes towards the other. Nevertheless, he confirmed that having a 50% non-negotiable cap at the beginning is going to decrease the attractiveness of funding the case in question.
Any number of factors can influence that multiplier, from the perceived strength of the claims and defenses, the overall value of the matter, and more. Here, the settlement agreement identified $2,727,545 as the single damages ( i.e., restitution) amount and $4,091,317 was the negotiated settlement total.
As the most prestigious arbitral institution in the world, the ICC International Court of Arbitration celebrated its 100th anniversary in 2023. According to the panelists, this should be done from the outset of negotiations to ensure legal certainty for all parties involved.
Under the bills, “artificial intelligence” is defined as: … a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. 1] LS3, LLC v United States, Court of Federal Claims, December 14, 2023. [2] 2] 13 CFR 125.18(b)(2)(ii).
The standard for reasonableness depends on whether the compensation is paid in accordance with an “arm’s length” labor-management agreement negotiated pursuant to the Federal Labor Relations Act or similar state statutes. [9] Manos, Government Contract Cost & Pricing § 13:3 (2023). [24] DCAA, DCAM ¶ 6-413.1.c. NASABCA No.
Although the UN Report acknowledges this ongoing effort, it falls short in explaining why the changes being negotiated by states are deemed insufficient. The availability of ISDS significantly influences investors’ decisions. Enacting these regulations does not require approval from foreign investors.
Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.
Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.
The October 2023 Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence recognized both the dangers and the potential of AI for workers. Influencing/Negotiating Persuades others; builds consensus through give and take; gains cooperation from others to obtain information and accomplish goals.
On 30 October 2023, G7 leaders published the Hiroshima Process International Guiding Principles for Advanced AI system (the G7 AI Principles), a non-exhaustive list of guiding principles formulated as a living document that builds on the OECD AI Principles to take account of recent developments in advanced AI systems.
In turn, this will lead to more consistent and sound negotiation and administration of MAS contracts. In the past, the regional structure gave rise to differing cultures, negotiation approaches, and interpretations of applicable regulations and solicitation provisions.
The deadline to file the report is December 5, 2023. By Laura Baker, Michelle Coleman, Rachel Schumacher, and William Tucker; Crowell & Moring On September 14, 2023, the Senate Committee on Homeland Security & Governmental Affairs hosted a hearing called “Governing AI Through Acquisition and Procurement” (Hearing).
opposition to granting China “developing nation” status in treaties under negotiation and by international organizations of which the U.S. The Senate version of the NDAA passed before President Biden issued his executive order (“EO”) on outbound investment on August 9, 2023. and China are members, such as the World Trade Organization.
On October 1st, over 40 attendees—including senior lawyers, arbitrators, and law students—gathered at Debevoise & Plimpton’s New York offices for a groundbreaking ITA Americas Initiative event titled “Dialogues on Latin American Arbitration: Mining Disputes, China’s Growing Influence, and Recurring Damages Issues.”
I joined the Secretariat in 2021 during the then-ongoing negotiations to modernise the ECT. A significant focus in the negotiations on the modernisation of the ECT was dedicated to the economic activities, as well as energy materials and products covered by the Treaty. How has your experience been so far?
My name is Caroline Falconer, Secretary General (SG) of the SCC Arbitration Institute , a role I assumed in January 2023. This should be compared to the average disputes value in 2023 being 33 million. That resulted in 39% of all appointed arbitrators being women in 2023. Yes, of course! I hold an LL.M.
the first KAB post on ISDS reform in the year, explored the feasibility of negotiating a multilateral investment treaty in todays global landscape, exploring both the opportunities and challenges involved. The outcomes of 2024s deliberations are poised to influence ISDS reform efforts in 2025 and beyond. 9/WG.III/WP.246),
However, the necessary detailed regulations for deep-sea mining will not be in place by this date; the adoption of the relevant rules by the ISA has been delayed since July 2023. Limited Jurisdiction of the SDC Finally, it is not yet clear what influence Art. 187(d) of UNCLOS. Since the other conditions set out in Art.
This “internal” guidance outlines a host of evaluation and negotiation directives, standards, and considerations for FSS contracting officers. The PAP includes other directives and guidance that raise questions regarding equity and balance in the evaluation and negotiation of FSS pricing terms. By Susan B.
This suggests that the elements that relate to procurement, discussed below, may be referenced by the United States in ongoing bilateral or regional negotiations regarding the comprehensive reciprocal tariffs announced on April 2, 2025 (“Liberation Day”). 22, 2023).)
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