Kluwer Arbitration

FEBRUARY 20, 2024

Article 25: Focus on Efficiency and Cost-Effectiveness Article 25 instructs the tribunal to prioritise efficiency and cost-effectiveness which includes encouraging settlement through negotiation or mediation, albeit (rightly) arbitrators cannot act as mediators without party consent. We look forward to attending the SCCA24 Conference !

Efficiency 52

Efficiency Negotiation Corruption Transparency 52

University of Bristol

DECEMBER 10, 2019

Blockchain’s touted tamper-proofness and potential to enable smart contracts are driving initiatives that seek to create automated ‘trust in trustless environments’ for public sector use cases , in particular concerning activities highly-exposed to corruption risks and/or the automation of administrative procedures devoid of discretion.

Public Procurement 52

Public Procurement Procurement Government Government 52

Tracker Intelligence

FEBRUARY 16, 2025

Strict laws, such as the Procurement Act 2023 and the Public Contracts Regulations, regulate public procurement activities in order to maintain accountability and safeguard public funds. Furthermore, private businesses have more flexibility in pursuing informal tendering procedures or direct negotiation with suppliers.

Procurement 52

Procurement Tender Public Procurement Supplier 52

Kluwer Arbitration

DECEMBER 3, 2023

The panelists were unanimous that post-closing disputes are far more frequently arbitrated and that pre-closing disputes are more often negotiated since the parties remain eager to close their deal. The panelists were also skeptical that arbitration could be used to force a counterparty to close a deal.

Management 52

Management Negotiation Import Price 52

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

DECEMBER 30, 2024

By focusing on social value, governments demonstrate accountability and purpose. Ethical labour standards are non-negotiable, ensuring workers’ rights and well-being are protected throughout the supply chain. Reporting results enhances accountability and assists in measuring the effectiveness of procurement strategies.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

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. Rowley, KC observed that treaties have to be negotiated like contracts.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

MARCH 30, 2024

Federal legislation dictates that, except for cases of willful misconduct and corruption, managers are not held responsible for agreements. All in all, the panelists agreed that the increasing use of mediation and negotiation imply a change of mindset within Brazil, although there is still much room for growth.

Efficiency 52

Efficiency Negotiation Buyers Price 52

Kluwer Arbitration

SEPTEMBER 3, 2024

In a legal context, elements of emotion AI are already being used in negotiation and mediation processes (e.g., AI-powered chatbots used by Walmart to negotiate with suppliers). In essence, it allows all participants to peep into each other’s ‘heads.’

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

JULY 30, 2024

Commercial considerations : tax, accounting, regulatory, and pensions considerations must be accounted for (including how profits can be repatriated from one jurisdiction to another), as well as change of control provisions that may be triggered. a negotiation period, time limitations, or excluded disputes).

Influencing 52

Influencing Thresholds Accountability Negotiation 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. Although the UN Report acknowledges this ongoing effort, it falls short in explaining why the changes being negotiated by states are deemed insufficient. IBA Report, p.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

JULY 15, 2024

Notably, this decision did not take into account a key practical issue, namely that: there had not been a single reported instance since the change in regime in 1979 where authorization to arbitrate was issued at the time of concluding a contract. Council of Ministers, Case no. 376–90/654, Decision no. 138–139 , June 11, 2012).

Import 52

Import Negotiation Contract Corruption 52

Kluwer Arbitration

SEPTEMBER 22, 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

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

AUGUST 7, 2024

During the contract execution by the Claimant, the Respondent stopped paying for the delivered goods, assuring the Claimant that the debt would be repaid later, stating that the lack of payment was caused by the seizure of his accounts by the Federal Tax Service.

Freight 52

Freight Transportation Transportation Contract 52

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.)). Indeed, the ECT’s contracting parties had negotiated a “flexibility mechanism” for the modernized ECT.

Influencing 52

Influencing Contract Negotiation Corruption 52

Kluwer Arbitration

JANUARY 14, 2024

Our contributor observed that the difference between litigation and arbitration may account for the divergent results. A Shanghai court denied the validity of a third-party funding agreement in litigation; whereas a Beijing court and a Wuxi court both confirmed the legality of a third-party funding agreement in a CIETAC arbitration.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

MARCH 25, 2024

She noted that tribunals generally possess the authority and in fact have an obligation to apply and take into account relevant rules of international human rights, environmental and climate law when adjudicating investment disputes, even in the absence of new generation treaty provisions.

Balance 52

Balance Export Sustainability Import 52

Kluwer Arbitration

FEBRUARY 27, 2024

After several months of negotiations and two Memorandum of Understanding (MoU) to try and resolve the problems, the contract was terminated by MOPC in February 2020. The main issue revolved around Mota Engil’s impossibility to access the construction sites as well as the lack of the required municipal permits to perform the works.

Contract 52

Contract Import Negotiation IT 52

Kluwer Arbitration

FEBRUARY 7, 2024

There was a marked preference for arbitration (whether contractual or treaty-based) over other dispute resolution mechanisms such as mediation, direct negotiation, government intervention, and litigation in the host state’s courts. Lastly, Mr. Gulati outlined various avenues for enhancing the arbitration process with the state.

Negotiation 52

Negotiation Corruption Government Government 52

Kluwer Arbitration

DECEMBER 4, 2023

In that same year, disputes with Brazilian state entities accounted for at least 36 new arbitrations. Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later.

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. Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later.

Balance 52

Balance Transparency Contract Tender 52

Whistleblower Network News

DECEMBER 6, 2023

In the leadup to the 10th Conference of States Parties ( CoSP 10 ) to the UN Convention Against Corruption (UNCAC), members of Civil Society are encouraging UNCAC to pass a dedicated whistleblower resolution. With informal negotiations in Vienna underway, one resolution on whistleblower protection has been introduced by Serbia and Palestine.

Corruption 120

Corruption Negotiation Accountability Transparency 120

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

Kluwer Arbitration

DECEMBER 5, 2024

Facts In 2015, DJO was negotiating various contracts for the operation of a network of railway lines in India. 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. DJO rejected the claim for adjustment.

Accountability 52

Accountability Balance Import Tender 52

Kluwer Arbitration

DECEMBER 20, 2024

Micro, small and medium-sized enterprises (MSMEs), which account for well over 90% of all businesses in any jurisdiction, will only venture forth again if there are people to buy their stock or services and their premises are not under constant threat of looting. Mediation is facilitated negotiation.

Negotiation 52

Negotiation Corruption Education Sustainability 52

Kluwer Arbitration

NOVEMBER 13, 2024

In 2005, Romania repealed the tax incentives scheme in order to align its legislation with the acquis communautaire in the context of the negotiations for its accession to the EU. The decision is subject to appeal and domestic courts will have to take it into account in the ongoing enforcement attempts by the Micula brothers.

Negotiation 87

Negotiation Corruption IT Accountability 87

Kluwer Arbitration

MARCH 19, 2025

Procedurally, the clause was embedded in fine print and drafted in a way that disadvantaged the consumer, making it difficult to understand or negotiate. In this case, the California Supreme Court ruled that the arbitration clause in question was unenforceable due to both procedural and substantive unconscionability.

Networking 52

Networking Contract Transparency Influencing 52

Kluwer Arbitration

DECEMBER 4, 2024

TPP was the primary entity responsible for negotiating the terms of the Agreement and played a central role in its execution. TPP’s active and leading involvement in the negotiation and implementation of the project, coupled with an amendment that TPP signed as a party, further solidified its status. f) limited claims to Greenfield.

Contract 52

Contract Negotiation Quantity Transportation 52

Kluwer Arbitration

NOVEMBER 16, 2024

The parties’ “war chests” and ever escalating party costs raise questions of equality of arms in the proceedings and affect their willingness to enter into settlement negotiations as well as the terms of such settlement. Costs can also act as a deterrent in arbitral proceedings for sanctioning unwarranted delays. A provision that, as Ms.

Balance 52

Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

FEBRUARY 18, 2025

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. Arbitration institutions were not left out in the 2024 series of developments.

Collaboration 52

Collaboration Data Balance Negotiation 52

Kluwer Arbitration

NOVEMBER 4, 2024

Mr Kim noted that given the considerable imbalance of bargaining power between the employer and the contractor, it is often very difficult for the contractor to negotiate for a fairer concurrency clause. In addition, addressing accountability issues for the employer can be more challenging. Mr. Kyoungho Kim (Head of Legal, Onejoon Co.,

Engineering 52

Engineering Public Private Partnership Consulting Contract 52

Whistleblower Network News

MARCH 27, 2025

Along with biographical information, these posts allegedly promoted that the FBI was corrupt due to its suppression of certain investigations and unjust retaliation against agents, particularly whistleblowers. Three days later, Buma reportedly made several social media posts with excerpts of his upcoming book.

Media 114

Media Negotiation Corruption Accountability 114