Kluwer Arbitration

JUNE 6, 2024

Mr Singarajah highlighted the need to find a good balance between this flexibility, which allows arbitral tribunals and lawyers to have enough room to address misconducts, and having enough norms so as to apply a minimum standard.

Ethics 52

Ethics Corruption Balance Transparency 52

How to Crack a Nut

NOVEMBER 17, 2023

The importance and positive contribution of public procurement law to the adequate management of public funds may seem difficult to appreciate in ordinary times, and there are recurrent calls for a reduction of the administrative burden and bureaucracy related to procurement procedures, checks and balances.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

MAY 5, 2024

However, she flagged several issues inhibiting mediation’s widespread adoption such as (a) accountability; (b) premature invocation of mediation; and (c) socio-economic impact of mediation, as some of the reasons why mediation was not yet a serious contender. Where do We Stand?

Balance 52

Balance Negotiation Sustainability Accountability 52

Open Contracting Partnership

FEBRUARY 1, 2024

Your feedback keeps us honest and accountable. We are also very pleased that we achieved one of the closest gender balances in survey responses last year, closing the gap between Men and Women from a 22% differential in 2022, to an 11% differential in 2023. More importantly, there was virtually no gap in our indicators across gender.

E-procurement 76

E-procurement Public Procurement Capacity Procurement 76

Tracker Intelligence

DECEMBER 30, 2024

By focusing on social value, governments demonstrate accountability and purpose. Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes. Aligning these goals with community priorities and adhering to legal requirements ensures a balanced approach.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

Kluwer Arbitration

OCTOBER 15, 2024

However, the focus on delivering a conventional energy business in a value-focused way has led to more disputes due to finely balanced economics and resource shortages. Australia will continue to be a major supplier to the Asia-Pacific region, and also accounts for a lot of the developments in LNG infrastructure.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

MAY 22, 2024

In addition, the tribunal pondered the policy objectives pursued by Colombia with the scope of economic interests of the investor, taking into account the legal status of its investment under the local laws to conclude that without vested rights, there was no illegality in the issuance of the decisions taken by different state authorities.

Balance 52

Balance Participation Impact Assessment Thresholds 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. By embedding these principles in IIAs, States are creating a legal foundation that can balance investor rights with the urgent need for environmental protection and social equity.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

MAY 24, 2024

The tribunal pondered the policy objectives pursued by Colombia with the scope of economic interests of the investor, taking into account the legal status of its investment under the local laws to conclude that without vested rights, there was no illegality in the issuance of the decisions taken by different state authorities.

Balance 52

Balance Participation Impact Assessment IT 52

Kluwer Arbitration

DECEMBER 4, 2023

In that same year, disputes with Brazilian state entities accounted for at least 36 new arbitrations. It’s a fine balance. Conclusion Much like what happened when Bumble appeared, BRAMIA tilts the power balance back towards the party which often finds itself more exposed, putting them in a more comfortable setting.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

In that same year, disputes with Brazilian state entities accounted for at least 36 new arbitrations. It’s a fine balance. Conclusion Much like what happened when Bumble appeared, BRAMIA tilts the power balance back towards the party which often finds itself more exposed, putting them in a more comfortable setting.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

NOVEMBER 9, 2023

To strike an appropriate balance, SIAC, for its part, has adopted a noteworthy approach – according to one of its practice notes , “the parties are not to bear any fees for the use of an administrative secretary where the amount in dispute is under S$15,000,000” (para. As Popplewell J.

Balance 52

Balance Corruption Quality Efficiency 52

How to Crack a Nut

MARCH 10, 2023

This creates a regulatory gap —or rather a laissez faire environment—whereby the public sector is allowed to experiment with the adoption of digital technologies without clear checks and balances. The current strategy is by and large one of ‘experiment first, regulate later’.

Procurement 52

Procurement Public Procurement Ethics Transparency 52

Kluwer Arbitration

FEBRUARY 29, 2024

Furthermore, All relevant actors in the arbitration must take into account: (i) aspects of sustainability when conducting the proceedings; and (ii) the benefits of diversity and inclusivity when nominating prospective arbitrators and when appointing arbitrators under the Rules ( Article 25 paragraph 5 ).

Sustainability 52

Sustainability Efficiency Quality Management 52

Kluwer Arbitration

SEPTEMBER 3, 2024

On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries. In our view, the use of emotion AI to enhance, prepare, conduct, or monitor proceedings should be done transparently, consensually, and in compliance with legal and ethical guidelines to ensure fairness and accountability in arbitral proceedings.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

APRIL 29, 2024

This is especially the case where the host State raises a defence asserting the State’s emissions-reduction obligations, requiring the tribunal to balance the investor’s right to protection under the relevant investment treaty, on the one hand, and the host State’s right to regulate, on the other.

Thresholds 52

Thresholds Balance Corruption IT 52

Kluwer Arbitration

APRIL 3, 2024

This thus allows for increased efficiency in arbitral proceedings administration and the dispute resolution process, and the achievement of a greater balance between the right of countries to impose sanctions and the sanctioned parties’ rights in international arbitration.

Influencing 52

Influencing Balance Capacity Import 52

AWS Public Sector

JULY 31, 2024

Workers should also mitigate vendor lock-in that could reduce future competitiveness for public sector deals, analyze total cost of ownership against multi-year budgets, and factor support for domestic innovation ecosystems into procurement decisions to balance globally leading solutions with national economic interests. What’s next?

Data 75

Data Government Government Demand 75

Kluwer Arbitration

JANUARY 14, 2024

New Tables of the Administrative Fees and the Fees of the Arbitral Tribunal The new figures of the Administrative Fees and the Fees of the Arbitral Tribunal in the 2024 Rules strike a balance between cost effectiveness and maintaining high quality services to best serve the interests of users.

Transparency 52

Transparency Efficiency Contract Integration 52

Kluwer Arbitration

FEBRUARY 21, 2024

The Court’s solicitation placed the US in a position to balance its interest in maintaining friendly relations with a key ally with its treaty obligations under the ICSID and New York Conventions to enforce international arbitral awards. Media accounts widely reported the US’ Amicus as supportive of Spain. Amicus at 1).

Thresholds 52

Thresholds IT Balance Media 52

Kluwer Arbitration

SEPTEMBER 29, 2023

In the meantime, he highlighted Asia’s growth in the global economy: by 2030, Asia is expected to account for 50% of the world’s economy, with the infrastructure needs of the Association of Southeast Asian Nations (“ASEAN”) expected to reach approximately four trillion U.S.

Supply Chain 40

Supply Chain Innovation Accountability Influencing 40

Kluwer Arbitration

DECEMBER 5, 2024

In 2020, the Respondents sought an adjustment of the Contract on account of additional labour costs arising from the Indian Ministry of Labours increase in minimum wages. Enforcing ethical standards in arbitration requires striking a balance between accountability and confidentiality. DJO rejected the claim for adjustment.

Accountability 52

Accountability Balance Import Tender 52

Kluwer Arbitration

NOVEMBER 16, 2024

Security for costs –– a balancing act Following welcome remarks from Caroline Falconer, Secretary General of the SCC, Dr Baltag introduced the topic of security of costs as being one of the timely topics currently addressed in international arbitration. Stockholm University and member of the Board of the SCC. A provision that, as Ms.

Balance 52

Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

DECEMBER 16, 2024

JCAA aims to strike a balance between efficiency and quality by providing a reasonable amount of scrutiny performed by its secretariat. However, it is essential to maintain accountability and transparency, as well as careful oversight. who attempted to shield assets from seizure, in a London-seated arbitration.

Transparency 98

Transparency Quality Influencing Import 98

Kluwer Arbitration

JANUARY 5, 2025

Borns most fundamental objection to ex parte relief in an arbitration context is that it can virtually never accomplish any serious purpose under existing regimes, given arbitral tribunals lack coercive powers (for instance, an arbitral tribunal cannot compel freezing of bank accounts).

Balance 98

Balance Corruption IT Accountability 98

Kluwer Arbitration

NOVEMBER 15, 2024

This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring contractual balance. Methodologies for Restoring the Economic and Financial Equilibrium of Contracts In an panel moderated by Mr. Pedro Martini , the discussion focused on the possibility of restoring contractual balance.

Media 52

Media Influencing Balance Transparency 52

Kluwer Arbitration

APRIL 13, 2025

Disclosure obligations should not be overstretched, as a balance between transparency and practicality is essential for efficient proceedings. should not be applied rigidly, but taking into account the specifics of each case, particularly the stage of the proceedings, should be considered in a balanced legal analysis.

Efficiency 52

Efficiency Balance Influencing Corruption 52

Kluwer Arbitration

MARCH 19, 2025

This dual-layered scrutiny underscores the importance of tailoring arbitration clauses to account for both federal enforceability under the FAA and compliance with Californias specific legal requirements.

Networking 52

Networking Contract Transparency Influencing 52

Kluwer Arbitration

APRIL 11, 2025

This confirms that the recourse to the fundamental basis is a balanced way to go beyond the question of the distinction between treaty and contract claims, in particular because it allows to take into account all the factual elements specific to each case.

Contract 52

Contract Accountability Balance IT 52

Kluwer Arbitration

MARCH 15, 2025

The article concludes that Luxembourg strikes a balance between upholding sovereign immunity and facilitating enforcement, positioning itself as a reliable forum for arbitration, while safeguarding state sovereignty and creditors rights within a stable legal framework.

Corruption 52

Corruption Balance Evaluation IT 52

Kluwer Arbitration

FEBRUARY 16, 2025

The award was further recognized in Paris in 2017, followed, three years later, by freezing of bank accounts, opened in France by the Libyan Investment Authority and the Libyan Foreign Bank, entities described as emanations of the State of Libya ( manation de l’tat ).

Electronics 59

Electronics Balance Corruption IT 59

Kluwer Arbitration

MARCH 30, 2025

However, on account of the finality principle, this power is an exception rather than a rule. Nevertheless, holding that UniCredit is acting in furtherance of its own commercial interests, the EWCA did not consider it a weighty factor to be placed in the balance against the revocation application. At the outset, Part 3.1(7)

Balance 52

Balance Corruption IT Accountability 52

Kluwer Arbitration

JANUARY 24, 2025

In Brazil, pioneering projects on reforms have sparked discussions about the balance between public accountability and confidentiality in class arbitrations, while also expanding the professional pool of arbitrators to include public notaries.

Transparency 52

Transparency Balance Sustainability Thresholds 52

Kluwer Arbitration

FEBRUARY 18, 2025

This post first examines the gender balance and emerging arbitration hubs in Africa (Section 1). This aims to eliminate redundancy, reduce government expenditure and enhance accountability in alignment with the Government Policy for Rationalisation of Government Agencies and Public Expenditure (RAPEX), adopted by the Uganda Cabinet in 2021.

Collaboration 52

Collaboration Data Balance Negotiation 52

Kluwer Arbitration

FEBRUARY 23, 2025

Three-member tribunals offer a particularly effective filtering mechanism, given that each side selects one arbitrator and the president is selected jointly or by the two co-arbitrators.Dueto this balanced bilateral choice, such decision-making bodies are not prone to systematically decide in favour of one group of parties rather than the other.

Influencing 52

Influencing Data Balance Finance 52

Kluwer Arbitration

JANUARY 22, 2025

This balanced approach enhances QICCAs appeal as a venue for both regional and international parties seeking a reliable arbitration platform. highlights that any criteria mutually agreed by the Parties should also be taken into account. Article 12.2

Efficiency 52

Efficiency Transparency Electronics Accountability 52

Kluwer Arbitration

DECEMBER 4, 2024

The Tribunal found shared responsibility between CFE and Greenfield—CFE bought excess coal without accounting for maintenance delays and reduced consumption, while Greenfield’s delays in reaching the COD and incomplete construction also contributed. We now await the Respondents’ answer in the U.S.

Contract 52

Contract Negotiation Transportation Transportation 52