Government Contracts Legal Forum

JULY 10, 2024

On June 26, 2024, a 6-3 majority of the U.S. 23-108 (2024) , involved a former Indiana mayor who accepted $13,000 from a garbage truck company after it was awarded city contracts. As a result, the federal government will have less authority to prosecute corruption by state and local officials under this provision.

Corruption 52

Corruption Participation Government Government 52

Kluwer Arbitration

MARCH 21, 2024

The breakfast debate “Wake up (with) Arbitration” initiated in 2012 by Valence Borgia, Maria Beatriz Burghetto and Caroline Duclercq relaunched on the occasion of the 2024 Paris Arbitration Week. The aim of the “Wake up (with) arbitration!”

IT 52

IT Participation Influencing Corruption 52

Kluwer Arbitration

MAY 11, 2024

They are designed to be applicable to all participants involved in the arbitration proceedings, and SVAMC is currently accepting feedback and suggestions on these guidelines here. These guidelines will serve as a point of reference for arbitrators. There are seven SVAMC guidelines that provide a framework for the use of AI in arbitration.

Integrity 52

Integrity Participation Integration Efficiency 52

Kluwer Arbitration

FEBRUARY 14, 2024

IIAs and Model Agreement Drafting Trends As of January 2024, UNCTAD reports 21 IIAs (encompassing both investment treaties and investment chapters in free trade agreements) were signed in 2023; 10 currently have publicly available texts. We conclude with thoughts on what this could mean for the years ahead.

Corruption 52

Corruption Participation Negotiation Sustainability 52

Kluwer Arbitration

MARCH 20, 2024

On 19 March 2024, as part of the 8 th edition of Paris Arbitration Week, the Comité Français de l’Arbitrage (CFA) organized a much-awaited and well-attended event on Arbitration, Sports Law and the Olympics, only a few months before the opening ceremony of the Olympic Games Paris 2024. This does not cover field of play matters (i.e.,

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

SEPTEMBER 8, 2024

However, on 3 April 2024, the Austrian Supreme Court (the “ASC”) issued a landmark decision setting aside an arbitral award on the grounds of non-arbitrability of the subject matter. Specifically, all shareholders must have the opportunity to participate in the selection of arbitrators and the constitution of the arbitral tribunal.

Participation 52

Participation Corruption IT Import 52

Kluwer Arbitration

MARCH 21, 2024

As we reported earlier , the 2024 edition of the Paris Arbitration Week (“PAW”) is the first to count the Paris Court of Appeal among is partners. French Professor Eric Loquin offered a retrospective into the theory of autonomy in French arbitration law.

Participation 52

Participation Import Corruption Efficiency 52

Government Contracts Legal Forum

AUGUST 9, 2024

On August 1, 2024, Deputy Attorney General Lisa Monaco unveiled the Department of Justice’s new Corporate Whistleblower Awards Pilot Program. Notably, a whistleblower’s participation in internal compliance and/or reporting processes is a factor that could warrant an increased reward.

IT 52

IT Corruption Accountability Insurance 52

Kluwer Arbitration

MAY 5, 2024

The Delhi Arbitration Weekend (“DAW”) 2024 that took place from 6 to 10 March 2024 witnessed two back-to-back panels on Investor-State Dispute Settlement (“ISDS”). Subramanian , looked at the state of ISDS in 2024. ISDS in 2024 The Current State of ISDS: A State’s Perspective Justice V. Sundaram (Senior Advocate), J.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

APRIL 1, 2024

As part of the 2024 Paris Arbitration Week (“PAW”), Curtis, Mallet-Prevost, Colt & Mosle LLP hosted a webinar on “Amplifying the Voices of Developing States in ISDS Reform.” countries, are by far the most vocal participants in the discussions. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

APRIL 11, 2024

Paris, amidst its annual Arbitration Week in 2024 , saw the convergence of arbitration practitioners and enthusiasts at the Hyatt Paris Madeleine for the conference “The Rise of Arbitration in Asia,” a testament to the region’s expanding arbitration influence, convened by Rajah & Tann Asia.

Innovation 52

Innovation Influencing Logistics Negotiation 52

Kluwer Arbitration

JUNE 7, 2024

This post summarizes an event hosted by Stewarts LLP as part of the 2024 London International Disputes Week (“LIDW”) on the topic of third-party funding (“TPF”) regulation across various jurisdictions.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

MARCH 20, 2024

Turning to a few trends and developments in the field of ISDS-awards enforcement, Mr Al-Karim first focused on the Micula dispute , observing that the 2024 judgement is part of the EU’s wider struggle with investment arbitration. For example, the way a jurisdiction defines a “State” has very real implications.

Negotiation 52

Negotiation IT Corruption Quality 52

Kluwer Arbitration

MARCH 25, 2024

On Monday 18 March 2024, ESSEC Business School and EFILA co-organized a panel discussion within the framework of the Paris Arbitration Week (“PAW”) 2024, discussing the interactions between Human Rights, Environmental, Societal and Governance (“ESG”), Civil Society and investment arbitration. The event was hosted by Prof.

Balance 52

Balance Export Sustainability Import 52

Kluwer Arbitration

SEPTEMBER 6, 2024

This year’s 36th Annual ITA Workshop (held in Austin, Texas on June 19-21, 2024) did exactly what it said on the tin: It provided the audience with truly “Global Perspectives on Due Process in International Arbitration.” Co-chaired by Christian Leathley , Anne Véronique Schlaepfer , and Prof. Stipanowich and comprising Laura C. Aranjo , Prof.

Participation 52

Participation Import Balance Corruption 52

Kluwer Arbitration

MAY 4, 2024

Since March 15, 2024, the German Arbitration Institute (DIS) offers a one-of-its kind solution to make third-party notices work also in arbitration: The Supplementary Rules for Third-Party Notices ( DIS-TPNR ). Since March 15, 2024, the DIS-TPNR offer a one-of-its kind solution for this problem. 4 DIS-TPNR.

Participation 52

Participation Contract Buyers Negotiation 52

Kluwer Arbitration

JULY 31, 2024

On 19 June 2024, the Privy Council issued its decision in Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 , holding that winding up proceedings should not be automatically stayed or dismissed by the court where the disputed debt is subject to an arbitration agreement.

Retail 52

Retail Participation Corruption IT 52

Kluwer Arbitration

SEPTEMBER 3, 2024

Emotion AI tools could be used during a case management conference or hearing to monitor participants’ level of attentiveness, engagement, confusion, and anxiety in real time. In essence, it allows all participants to peep into each other’s ‘heads.’

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

JANUARY 28, 2024

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. For more information visit the CalArb website. In Coinbase Inc. Bielski , No. 22-105 (U.S.

Corruption 52

Corruption Participation Efficiency Ethics 52

Kluwer Arbitration

FEBRUARY 8, 2024

CGX Energy Inc. ), including because the arbitration clause provided for a summary procedure of only two days and did not permit the participation of third parties or a party was not permitted to depose witnesses ( Costco ) or because the arbitrator ignored or failed to consider or admit certain evidence ( EDE Capital Inc. Novalex Inc.

Consulting 52

Consulting Participation Corruption IT 52

Kluwer Arbitration

JANUARY 27, 2024

Roger: Gwen, what can we expect at the 2024 ICCA Hong Kong Conference for the Blog? 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.

Corruption 96

Corruption Quality Data Participation 96

Open Contracting Partnership

FEBRUARY 1, 2024

In 2024, we look towards implementation of the resolution and participation at the International Anti-Corruption Conference (IACC) in Lithuania this summer. 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.

E-procurement 68

E-procurement Public Procurement Capacity Sustainability 68

Kluwer Arbitration

MAY 14, 2024

The final compromise version of the Directive was adopted on March 15, 2024, after delays due to disagreements among member States over its scope, leading to a substantial reduction in the CS3D’s applicability. Similarly to cases involving corruption or money laundering.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

Kluwer Arbitration

MARCH 13, 2024

Revamped Arbitration Rules and Centres Abu Dhabi’s Latest Venture – arbitrateAD The Abu Dhabi Chamber of Commerce and Industry announced the launch of arbitrateAD, which effective 1 February 2024, will the Abu Dhabi Commercial Conciliation and Arbitration Centre (ADCCAC).

Efficiency 52

Efficiency IT Corruption Transparency 52

Kluwer Arbitration

JULY 7, 2024

On 8 April 2024, following lengthy discussions dating back to 2019, the UNCITRAL Working Group III (“WGIII”) completed the draft statute of an advisory centre on international investment dispute resolution (“Advisory Centre”) (see previous coverage ).

Education 52

Education Efficiency Integrity Integration 52

Kluwer Arbitration

JULY 16, 2024

The following day, on 27 June 2024, EU and Euratom formally withdrew from the treaty. Conversely, EU Member States whose withdrawal from the ECT has become effective are no longer Contracting Parties of the ECT and therefore cannot participate in the treaty’s interpretation.

IT 52

IT Utilities Contract Corruption 52

Kluwer Arbitration

JUNE 9, 2024

In a recent judgement rendered in H1 and another v W and others [2024] EWHC 382 , the English Commercial Court removed a sole arbitrator under section 24 of the English Arbitration Act 1996 (the “EEA”). Trade expertise is to assist in understanding technical evidence, not to provide evidence for a party who has chosen not to participate.

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

AUGUST 8, 2024

Aviva Insurance Ireland DAC [2024] IEHC 309 (“the Jephson decision”) made an Order to lift a stay previously made on court proceedings where there was an arbitration agreement. The Irish High Court (“the High Court”) in a recent decision in Jephson & Jephson v.

Insurance 52

Insurance IT Efficiency Participation 52

Kluwer Arbitration

MAY 26, 2024

On 25 April 2024, the European Federation for Investment Law and Arbitration (“EFILA”) held its 9th Annual Conference at Clifford Chance in Frankfurt. There is an open call for the EILAR 2024 Young Practitioners and Scholars Essay Competition.

Import 52

Import Tender Utilities Corruption 52

Kluwer Arbitration

JUNE 23, 2024

At its 57 th Session , taking place in New York between 24 June and 12 July 2024, the United Nations Commission on International Trade Law (“UNCITRAL”) will discuss the adoption “in principle” of the draft statute of an advisory centre on international investment dispute resolution. 37, and January 2024 Session Report , paras.

Export 52

Export Finance Sustainability Capacity 52

Kluwer Arbitration

DECEMBER 11, 2023

The upcoming 31 st Vis Moot will be the first “real” test of regulated uses of AI in international arbitration and how the Vis Moot, its arbitrators and participating students address the associated risks and issues will be instructive as the international arbitration community adopts and seeks to regulate AI in practice.

Ethics 98

Ethics Corruption IT Participation 98

Kluwer Arbitration

DECEMBER 5, 2023

The discussion highlighted the common ethical standards applicable in Singapore Convention mediations and the differences in approach that might be taken based on the different cultural backgrounds and expectations of the participants. Walters (Chaffetz Lindsey) as panelists to share their perspectives.

Ethics 52

Ethics Efficiency Participation Telecommunication 52

Kluwer Arbitration

JUNE 22, 2024

On May 14, 2024, the traditional Rio de Janeiro International Arbitration Conference promoted by Canal Arbitragem, under the academic coordination of João Bosco Lee, Lauro Gama, and Maurício Almeida Prado, was held at the auditorium of the Fundação Getúlio Vargas (‘FGV-RJ’).

Insurance 52

Insurance Integrity Integration IT 52

Kluwer Arbitration

SEPTEMBER 2, 2024

On 27 June 2024, the United Kingdom (“UK”) ratified the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“2019 Hague Convention” or “Convention”), with 1 July 2025 being the expected date of its entry into force in England and Wales.

Contract 52

Contract IT Import Capacity 52

Kluwer Arbitration

MARCH 30, 2024

On 7 March 2024, the National Branch (“ICC Brasil”) and the ICC Court of Arbitration (“ICC Court”) held the 12th ICC Brazilian Arbitration Day (“ICC BAD” or “Conference”) in São Paulo. Federal legislation dictates that, except for cases of willful misconduct and corruption, managers are not held responsible for agreements.

Efficiency 52

Efficiency Negotiation Buyers Price 52

Kluwer Arbitration

MAY 22, 2024

On February 28, 2024, the arbitral tribunal in the arbitration between Red Eagle Exploration Limited (“Red Eagle”) and Colombia (ICSID Case No. The tribunal stated Colombia acted transparently, publicizing the páramo delimitation, to the point that Red Eagle itself took the chance to participate in such delimitation.

Balance 52

Balance Impact Assessment Participation IT 52

Inter-American Development Bank

JULY 18, 2024

These topics were the focus of a three-day Regional Seminar on International Taxation, held in Brasilia on June 11-13, 2024, which marked a significant milestone in the work of the Inter-American Development Bank (IDB) and its partners in helping Latin America and the Caribbean (LAC) address critical tax policy challenges.

Import 52

Import Capacity Evaluation Government 52