Kluwer Arbitration

MARCH 25, 2024

However, the tribunal did find that Mongolia breached the fair and equitable treatment protection in the BIT by taking ownership of the gold, exporting it abroad for refining, and depositing it or its value in an unallocated account in England to increase the country’s currency reserves. In 2020, the mining sector accounted for 21.6%

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Transparency Negotiation Price Export 105

How to Crack a Nut

NOVEMBER 17, 2023

However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Tracker Intelligence

FEBRUARY 22, 2025

If public sector bodies and organisations follow clear procurement regulations, they can help uphold high standards of accountability, while still achieving the best results for the general public. A transparent approach lowers procurement risk, prevents corruption, and fosters confidence between suppliers and public sector organisations.

Public Procurement 52

Public Procurement Transparency Procurement Tender 52

Kluwer Arbitration

JULY 30, 2024

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. These changes have profound political, economic, and societal implications.

Influencing 52

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Kluwer Arbitration

FEBRUARY 22, 2024

This step, however, to some extent, is mitigated by those more restrictive provisions that are influenced by Shariah law in Saudi legislation. The recently revised Saudi Building Code also holds contractors accountable for latent and hidden defects that may emerge after project completion.

Negotiation 52

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Kluwer Arbitration

OCTOBER 15, 2024

In the Asian context, clauses often lack specific benchmarks for price reviews, whereas in the Australian context, clauses are very specific, such as defining what ‘long term’ and ‘comparable’ mean for the purpose of ‘taking into account prices under other long term comparable contracts.’

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

JUNE 15, 2024

And so is their interplay (for a more detailed account of the relevant questions, see Kehl & Wuschka, ZEuS 2024 , 59 (67 et seq.)). 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.

Influencing 52

Influencing Contract Negotiation Corruption 52

How to Crack a Nut

MARCH 10, 2023

And there are attributes or properties influencing the interpretability of a model (eg clarity) for which there are no evaluation metrics (yet?). Public procurement is thus increasingly expected to play a crucial gatekeeping role in the adoption of digital technologies for public governance and the delivery of public services.

Procurement 52

Procurement Public Procurement Ethics Transparency 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. The availability of ISDS significantly influences investors’ decisions. At least not explicitly. IBA Report, p.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

SEPTEMBER 22, 2024

Regarding authorization procedures, the SIFA requires the Parties to process applications objectively, impartially, and independently from undue influence, with clear, transparent criteria (Articles 19 and 21). Potential Impact and Future Implications In summary, the SIFA marks a significant milestone in international investment law.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

OCTOBER 1, 2023

Ms Kwan noted that cultural behaviour can impact the interpretation of evidence – for example, accounting information and sales in a post-M&A dispute which required knowledge of Chinese retail behaviour and cultural holidays when assessing accounting patterns over the Spring Festival period.

Import 40

Import Retail Ethics Influencing 40

Kluwer Arbitration

JULY 22, 2024

Similarly, almost all of the 42 awards (NAFTA, CAFTA, and others) I have examined interpreting this type of clause did not consider legitimate expectations a stand-alone element of the FET standard, but rather as a factor to be taken into account when assessing other elements (arbitrariness, due process). 444-45, 448-49, 455ff.,

Thresholds 52

Thresholds Influencing Corruption Transparency 52

Kluwer Arbitration

SEPTEMBER 5, 2024

34) should be answered, taking into account the requirements of the Vienna Convention on the Law of Treaties. In this sense, given the scepticism expressed by some States regarding far-reaching reform, a lot is riding on the 49th session: the MIIR’s ultimate scope of influence is dependent on its outcome.

Influencing 52

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Kluwer Arbitration

JUNE 8, 2024

Plaintiffs from less developed jurisdictions have chosen to seek redress in European courts mostly due to their independence and less likelihood of local influence from big corporations. Whether this is negative or positive, it is for the future to tell.

Supply Chain 52

Supply Chain Demand Influencing Distribution 52

Kluwer Arbitration

MARCH 21, 2024

Arbitration Dynamics in the Two Regions Hjordis Birna Hjartardottir was the first to provide an arbitration analysis of the region, noting that, in 2022, the CEE and CA regions accounted for 10.5% of the ICC’s total caseload. This figure is only marginally less than North America’s 10.7%, but considerably lower than Western Europe’s 28%.

Influencing 52

Influencing Finance Distribution Business Strategy 52

Kluwer Arbitration

APRIL 3, 2024

Thus, sanctioned persons with frozen assets and Russian bank accounts will find it difficult to make the necessary payments to even initiate arbitral proceedings. Barring any exemptions in the sanction regimes, arbitrators and arbitral organizations can face repercussions for engaging in an arbitral dispute involving a sanctioned entity.

Influencing 52

Influencing Balance Capacity Import 52

Kluwer Arbitration

JANUARY 26, 2024

Far from being an exhaustive account, it focuses on French court decisions in the areas identified below. Although the CoA may have been influenced by the exceptional circumstances of the case (i.e. This post provides a recap of notable arbitration-related developments in France in 2023.

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Influencing Corruption IT Accountability 52

Kluwer Arbitration

JANUARY 14, 2024

Influenced by civil law practice, these rules stand out for its requirements of tribunals to offer preliminary opinions on factual and legal issues, thus facilitating settlement discussions based on case strength and enhancing arbitration efficiency. The focus is to ease access to Japanese courts for enforcing arbitration awards.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

DECEMBER 4, 2023

In that same year, disputes with Brazilian state entities accounted for at least 36 new arbitrations. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

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. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

MARCH 12, 2024

Further, taking into account the limited application of Art. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190

Media 52

Media Influencing IT Corruption 52

Kluwer Arbitration

SEPTEMBER 29, 2023

Conversation on the Geopolitics of International Commercial and Investor-State Arbitration The conversation between Ms Lucy Reed (President, SIAC Court of Arbitration) and Minister Shanmugam, SC canvassed the geopolitical state of play and its influence on international commercial and investor-State arbitration.

Supply Chain 40

Supply Chain Innovation Accountability Influencing 40

Government Contracts Legal Forum

JANUARY 5, 2024

Cost Accounting Section 802 amends 10 U.S.C. Although consolidation of the DIB has been an area of increased regulatory focus in recent years, the Government Accountability Office (GAO) released a report in October 2023 finding that DoD lacked sufficient resources and insight to perform its M&A monitoring and assessment function.

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Government Government Export Data 40

Kluwer Arbitration

JANUARY 21, 2024

More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190 Damage claims are renowned for their inherent complexity, it is thus imperative to prepare for it preemptively.

Corruption 52

Corruption Accountability Influencing Distribution 52

Kluwer Arbitration

NOVEMBER 14, 2023

Denton highlighted in his opening remarks, the timing of this year’s Conference coincided with the United Nations General Assembly, an auspicious reflection of the ICC’s history as a steadfast institution providing neutral, transparent, inclusive, and accountable multilateral platforms for the past 100 years and the century to come.

Transparency 40

Transparency Import Data Efficiency 40

Whistleblower Network News

FEBRUARY 25, 2025

Tanya Ward Jordan: Challenging Corruption in the Federal Government In the late 1990s, Tanya Ward Jordan exposed deep mismanagement and civil rights violations at the Department of Commerce. Their institutions resisted accountability, suppressed evidence, and relentlessly targeted those threatening them by speaking out.

Corruption 63

Corruption Accountability Influencing Demand 63

Kluwer Arbitration

DECEMBER 16, 2024

Yoshimi Ohara (Nagashima Ohno & Tsunematsu, Tokyo) considers the seat to be important because it influences the style of arbitration, which is often shaped by the court practices of the jurisdiction. However, it is essential to maintain accountability and transparency, as well as careful oversight.

Transparency 98

Transparency Quality Influencing Import 98

Kluwer Arbitration

NOVEMBER 15, 2024

Niamh Leinwather , discussed the media’s influence on arbitration. The discussion of the panel was focused on the media’s influence on arbitration. Mr. Bichara shared his insights on the media’s influence based on his experience in sports arbitration. The first panel, moderated by Ms. Rekha Rangachari , Ms.

Media 52

Media Influencing Balance Transparency 52

Kluwer Arbitration

MARCH 19, 2025

Global Perspectives: The Influence of Californias Consumer-Protection Approach Californias pro-consumer stance is not unique to the U.S. 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

FEBRUARY 23, 2025

The very reason for allowing both sides to influence the composition of the decision-making body is that rational parties can be trusted with choosing competent decision-makers who possess the relevant knowledge and experience to resolve the specific dispute that is submitted to them.

Influencing 52

Influencing Data Balance Finance 52

Kluwer Arbitration

APRIL 11, 2025

The dispute ultimately revolved around responsibility: whether it was the contractor’s duty to identify and account for the soil conditions, or the owner’s, especially given prior knowledge of similar failures nearby. Despite geotechnical reports suggesting potential issues, the risk had been overlooked.

Collaboration 52

Collaboration Consulting Manufacturing Accountability 52

Kluwer Arbitration

MARCH 9, 2025

Additionally, Article 9 does not empower tribunals to impose costs on third-party funders, potentially limiting QICCAs ability to hold them accountable. However, the lack of specified consequences for breaching confidentiality raises concerns about enforcement and accountability.

Thresholds 52

Thresholds Transparency Influencing Efficiency 52

Kluwer Arbitration

JANUARY 10, 2025

For example, there is the black box problem, where the lack of transparency in AIs decision-making processes raises accountability concerns by making it difficult to understand how the AI tool reached its conclusion. The Act emphasizes transparency, safety, and accountability, and aims to lay a foundation for responsible AI use.

Transparency 52

Transparency Integration Integrity Ethics 52

Kluwer Arbitration

JANUARY 27, 2025

Although carefully taking into account (and siding with) the ICC Courts decision to disqualify the chair, the Court conducted its own de novo assessment. Nonetheless, French courts addressed several such challenges and, in a rare occurrence, set aside an award on this ground ( Opportunity v Telitalia ).

Influencing 59

Influencing Import Efficiency IT 59

Kluwer Arbitration

NOVEMBER 16, 2024

The silence and sparsity of costs coverage in arbitral laws and institutional rules affords wide discretion that result in reliance on customary arbitral norms and practices influenced by national legal cultures and training. Draft Provision 5 subsection 4 of UNCITRAL’s Working Paper 244 aims to address this need. A provision that, as Ms.

Balance 52

Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

DECEMBER 10, 2024

In 2023 , Latin American states accounted for 35% of ICSIDs new cases, and Latin American private parties were among the most frequent users of ICC arbitration. The reasons for this are largely historical: many Latin American legal systems are modeled on, or have been deeply influenced by, the French Civil Code.

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Thresholds Demand Influencing Contract 59

Kluwer Arbitration

JANUARY 7, 2025

With this development, Singapore aims to enhance its position as a dispute resolution hub, enabling the SICC to expand its influence and facilitate cross-border commercial dispute resolution in Southeast Asia and beyond.

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Efficiency Transparency Innovation Accountability 52