Kluwer Arbitration

DECEMBER 11, 2023

van den Berg provided a thorough overview of how the Dutch Supreme Court has interpreted the NYC in several of its landmark decisions, particularly focusing on decisions concerning Articles I(1), III and V(1)(e) of the NYC, such as in DIAG , Yukos Capital/Rosneft , Nelux and Maximov. de Witt Wijnen explored several ethical dilemmas.

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Ethics Buyers Participation Efficiency 52

Kluwer Arbitration

DECEMBER 5, 2023

Ethical Dilemmas Arising in Mediation Following brief opening remarks by Edna R. The panelists offered their reactions to these diverse ethical dilemmas, drawing on their experience to offer views from counsel and mediator perspectives. federal courts.

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Ethics Efficiency Participation Telecommunication 52

Kluwer Arbitration

OCTOBER 6, 2023

While most professional rules, which an arbitrator (subject to their profession) may be bound by, dictate certain standards of professional conduct, including ethical standards, there are no such rules when it comes to arbitration. For example, where Dubai is the seat of arbitration Article 10(4) of the UAE Federal Arbitration Law No.

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IT Ethics Participation Accountability 45

Kluwer Arbitration

OCTOBER 27, 2023

Waisberg indicated the existence of an express provision regarding such duty, burden or responsibility, i.e. Article 77 of the convention. In that sense, Mrs. Delamuta, in its turn, analyzed fundamental breach, provided in article 25 of the CISG, as a means of guaranteeing termination of the contract as a last resort remedy.

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Contract Import Ethics Corruption 52

Kluwer Arbitration

SEPTEMBER 3, 2024

Before we get too excited, one should consider that AI systems, including emotion AI, still face challenges today, including ethical concerns surrounding data privacy and bias in algorithms, ‘hallucinations,’ and limitations in understanding context. On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries.

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Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

FEBRUARY 18, 2024

A ‘non-stabilisation clause’ is contained in paragraph 2 of the Article, which states that a BIT is not interpreted as a host State’s commitment that it will not change the legal and regulatory environment which may affect an investor’s expectation of profits.

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Negotiation Supply Chain Transparency Education 52

Kluwer Arbitration

DECEMBER 21, 2023

Secondly, P&ID continued to bribe during the arbitration process to hide the previous corrupt payments to the same individual (§509). The latter will need to provide an explanation to the ethical committees of their respective barristers’ and solicitors’ bars since the judge sent a copy of his award to these regulators. (§593)

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IT Corruption Ethics Education 52

Kluwer Arbitration

JUNE 20, 2024

laws, treaties, domestic statues, ethical rules, etc.) This article does not aim to go over the recently published Guidelines in their entirety. Where rules and regulations (e.g.

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Evaluation Thresholds Ethics Accountability 52

Kluwer Arbitration

AUGUST 25, 2024

A similar approach as detailed below, was adopted by the Supreme Court The Supreme Court’s perspective has also been shaped by the application of Articles 248.1 If the arbitration proceedings have already commenced, it is advisable to keep (highly) ethical conduct and compliance with soft and hard legal norms during the arbitral proceedings.

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Ethics IT Corruption Budget 52

Kluwer Arbitration

MAY 11, 2024

It requires that parties and their representatives ensure AI-generated submissions are accurate and meet ethical and professional standards. Rabia Batool and Scarlet Tunney are members of Young California Arbitration (Young CalArb) which assisted in preparing this article.

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Participation Integration Integrity Efficiency 52

Kluwer Arbitration

OCTOBER 20, 2024

Hong Kong has a well-deserved reputation for having an unbeatable work ethic and for being efficient and nimble, which extends to its legal community and the spirit of HKIAC as well. One of the most innovative and exciting new provisions is Article 9A.1, Past interviews are available here.

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Efficiency Innovation Leadership Capacity 52

Kluwer Arbitration

MAY 3, 2024

Article 2.1(c) Regardless of whether this is ethical, is it still solid advice? The central role of private investors in the climate transition was recognized already in the 2015 Paris Agreement , which emphasizes the importance of finance and investment in operationalizing the goal of limiting global warming to 1.5°C

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Insurance Finance Sustainability Ethics 52

Kluwer Arbitration

FEBRUARY 10, 2024

But unlike the fair administrative treatment in the PIA, the standard under Article 14 does not, at least explicitly, protect investors from arbitrary or manifestly arbitrary measures. In the same year, COMESA adopted a slight variation of fair administrative treatment in its 2017 investment agreement.

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Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

FEBRUARY 19, 2024

Professor Giorgetti also noted the lengthy negotiation process of the Codes and underscored the potential for divergence in ethical rules arising from their bifurcated nature. Yet, it is never an easy job.

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Balance Negotiation Ethics Import 52

AWS Public Sector

JULY 31, 2024

Lire cet article en Français The potential of open data to transform governance and public services is immense, but realizing this potential requires overcoming common obstacles. Additionally, continuously running anomaly detection on claims and grievances would curb fraud and corruption.

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Data Government Government Demand 75

Government Contracts Legal Forum

JANUARY 5, 2024

Section 1521 also requires that the Secretary establishes the Chief Digital and Artificial Intelligence Officer Governing Council to provide policy oversight that ensures responsible, coordinated, and ethical employment of data and AI capabilities across the DoD. View the full article

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Government Government Export Data 40

Kluwer Arbitration

NOVEMBER 25, 2023

We are happy to report that the latest issue of Arbitration is now available and includes the following: ARTICLES Peter HARRIS & Mohsun ALI, Better Never Than Late? This article critically analyses the two opposing schools’ examination of joinders and consolidations to demonstrate the inadequacy of both.

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Management Ethics Corruption Quality 52

Kluwer Arbitration

OCTOBER 14, 2023

Joel Altschul (EY) then illustrated the various ethical considerations that must be considered when engaging with such technology. Identifying and Confronting the Challenges of Corruption in Arbitration As highlighted by Ignacio Torterola (GST LLP), and originally stated in an ICC award , “corruption is an international evil”.

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Corruption Transparency Demand Consulting 52

Kluwer Arbitration

APRIL 20, 2024

While the latter group has indeed contributed to an orderly improvement of the ISDS processes with focus on ethics, transparency and efficiency, the former group has forced terminations of several treaties and the triggering of sunset clauses with rather little tangible outcomes. 1 of the European Convention Human Rights (ECHR).

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Ethics Balance Corruption Transparency 52

Select GCR

SEPTEMBER 3, 2024

This article cuts through complexity to address when sole sourcing is necessary, the justification process, and how to manage the associated risks. Navigating sole source procurement? When a single supplier is the only option for your procurement needs, understanding the nuances becomes essential.

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Procurement Supplier Price Competitive Bidding 52

Kluwer Arbitration

MARCH 28, 2025

However, systemic challenges persist, including the lack of uniform ethical standards and effective enforceability mechanisms for professional lapses. Process & Industrial Developments Ltd (P&ID), however, introduces a new obligation on arbitrators to investigate allegations of corruption more seriously.

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Corruption Ethics Import Transparency 52

Kluwer Arbitration

JANUARY 23, 2025

It also introduces two articles emphasizing the leadership of the Communist Party of China and adding an extra layer of administrative control, which depart from international convention and have raised concerns within certain quarters of the arbitration community. Day One featured a keynote by Professor Bryant G.

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Ethics Influencing Innovation Efficiency 52

Tracker Intelligence

NOVEMBER 29, 2024

This article will focus on tackling challenges in the public procurement process and suggests practical solutions for these challenges. Fraud and Corruption Risks Bid rigging, favouritism, and a lack of transparency in processes undermine public confidence and effectiveness. This will make procurement processes secure and reliable.

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Public Procurement Efficiency Procurement Bid Rigging 52

Kluwer Arbitration

NOVEMBER 14, 2024

Background: The Decree Article 1 establishes that the Decree’s purpose is to modify the Peruvian Arbitration Law , Legislative Decree No. 1071, by incorporating the Fifteenth Complementary Provision, the full text of which is detailed in Article 3: “Fifteenth. National Registry of Arbitrators and Arbitration Centers—RENACE.

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IT Quality Transparency Public Procurement 52

Kluwer Arbitration

NOVEMBER 15, 2024

As provided by Article 22-C of the Brazilian Arbitration Act, “carta arbitral” is a letter that may be issued by the arbitrators asking the judicial courts to offer assistance or impose compliance with an act requested by the arbitrator.

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Negotiation Import Efficiency Integration 52

Kluwer Arbitration

JANUARY 30, 2025

The agreement also unlocks Article 63 of the ICSID Convention , which now allows parties in ICSID proceedings to hold hearings at the SCCAs facilities. Additionally, several decisions rendered by MENA courts in 2024including on the recovery of legal feesraised eyebrows in the international community.

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Finance Framework Agreement Telecommunication Ethics 52