The Procurement ClassRoom

NOVEMBER 23, 2024

In his article “ The Future of Public Infrastructure is Digital “, Bill Gates envisions a world where infrastructure is smarter, more efficient, and digitally integrated. Fraud Detection : Machine learning models can monitor procurement transactions for irregularities, reducing corruption risks.

Procurement 59

Procurement Supply Chain E-procurement Public Procurement 59

Open Contracting Partnership

OCTOBER 30, 2023

Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s public procurement. Finally, the Anti-Corruption Agency is proactively supporting the development of civic monitoring and has agreed to cooperate with the civil society coalition to monitor procurement.

Procurement 120

Procurement E-procurement Public Procurement Corruption 120

Kluwer Arbitration

FEBRUARY 29, 2024

The decision has important implications for arbitration. This article considers, in light of Tui , the scope of application of the rule in Browne v Dunn in international arbitration. vi)) , the ICC rules (Article 22) and the SIAC rules (Rule 19.2)). However, most civil law practitioners, as well as U.S.

Import 64

Import Balance IT Corruption 64

Kluwer Arbitration

MARCH 4, 2025

This article provides a brief summary of these developments, starting with a national perspective and discussion of the key issues regarding the draft amendments to the PRC Arbitration Law. Correspondingly, the draft also removed the requirement of an arbitration commission to constitute a valid arbitration agreement.

Utilities 52

Utilities Corruption IT Government 52

Kluwer Arbitration

AUGUST 21, 2024

In April 2024, a law passed by the Investment Authority opened the import, wholesale, retail and export (of raw coffee, khat, oilseeds, pulses, hides and skins, forest products, poultry and livestock bought from the local market) sectors to foreign investments.

Retail 97

Retail Export Import Corruption 97

Kluwer Arbitration

APRIL 2, 2024

On its part, the Respondent raised several objections to the jurisdiction of the Tribunal, specifically pointing to several instances of corrupt and illegal acts allegedly committed by Worley at the making and during the operation of the investment. Worley may have willfully failed to monitor and investigate Tecnazul’s corrupt activities.

Corruption 40

Corruption Bidding Balance Public Procurement 40

Kluwer Arbitration

OCTOBER 23, 2024

This development is important on its own but has additional importance given that it was prompted, if not necessitated, by Guyana’s unprecedented oil and gas-induced economic boom. An award conflicts with public policy if it was induced by fraud or corruption or was procured in breach of natural justice (see section 59 of the AA).

Bidding 98

Bidding Corruption Import IT 98

Kluwer Arbitration

DECEMBER 20, 2023

According to the DCC, Article 54(4) of the UAE Federal Arbitration Law No. This decision ushered a shift in the position of the DCC, which was then formally settled through the recent decision of the General Assembly and which references Article 54(4) of the UAE Arbitration Law. Concluding Remarks General Assembly’s Decision No.

Corruption 105

Corruption IT Import 105

Inter-American Development Bank

OCTOBER 31, 2024

In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. For LAC countries, digital technologies can be an important ally in achieving this balance. This continuous data flow strengthens public trust by minimizing corruption risks and reaffirming a commitment to transparency.

Public Procurement 52

Public Procurement Procurement Strategic Planning Balance 52

Kluwer Arbitration

JANUARY 25, 2024

Its existence precludes disputing parties from bringing their dispute to court: see Article 3 of the Arbitration and ADR Law of the Republic of Indonesia (“Arbitration Law”), which stipulates that Indonesian courts have no jurisdiction to try disputes between parties bound by an arbitration agreement. most recently, Decision No.

Participation 97

Participation Contract Import Corruption 97

Kluwer Arbitration

OCTOBER 30, 2023

The Court found that it was very important to both parties, but: “perhaps even more to the applicants, who are not based in this country, that the selected arbitrator not have a professional or personal relationship with either party or their counsel” (para.

Import 52

Import Insurance Corruption IT 52

Kluwer Arbitration

DECEMBER 14, 2024

Important discussions on international arbitration are formulated at an ever-increasing number of conferences, symposia, and events; keynote addresses set out thought-provoking proposals; the number of journals and reviews specializing in international arbitration has greatly proliferated; and even online blogs produce short yet interesting posts.

Management 52

Management Corruption Negotiation Import 52

Kluwer Arbitration

MAY 23, 2024

KS&T Did not Have a Qualifying Investment NAFTA Article 1139(g) NAFTA Article 1139(g) defines “investment” as “real estate or other property, tangible or intangible, acquired in the expectation or used for the purpose of economic benefit or other business purposes.”

Participation 75

Participation Purchasing Accountability Price 75

Kluwer Arbitration

DECEMBER 14, 2024

The SCCAs joinder provisions (Article 12) are one such feature that is particularly important in construction disputes. Equally important is the SCCAs provision for the early disposition of claims or defences (Article 26). Other features of the SCCA rules are also worth highlighting.

Participation 52

Participation Electronics Import Corruption 52

Kluwer Arbitration

NOVEMBER 16, 2023

Since 2016, when the first issue of the European Investment Law and Arbitration Review was published, the Review has tracked developments in the new and increasingly important field of European investment law and arbitration. The Review will continue to feature long and short articles as well as case notes and book reviews.

Import 52

Import Corruption Integrity Integration 52

Kluwer Arbitration

APRIL 3, 2025

Firstly, it is important to note that the Regulation is applicable to arbitration agreements concluded prior to its entry into force. Article 14 states that the Regulation shall apply to requests for the early production of evidence made after its entry into force, regardless of the date on which the arbitration agreement was concluded.

Price 52

Price Corruption IT Import 52

Government Contracts Legal Forum

JULY 10, 2024

Key Takeaway – The Decision Narrows Federal Government Authority to Prosecute Corruption by Local Officials By carving out rewards, or gratuities, offered and accepted after an official act, the Supreme Court has substantially narrowed the scope of Section 666. View the full article

Corruption 52

Corruption Participation Government Government 52

Kluwer Arbitration

JULY 17, 2024

How domestic courts approach challenges to arbitration awards is of increasing importance as foreign parties often decide to seat an arbitration in a jurisdiction that they believe will provide the greatest stability to governing the arbitration process.

Thresholds 98

Thresholds Import Contract Negotiation 98

Kluwer Arbitration

AUGUST 26, 2024

Where the parties to a given treaty agree in their submissions – including NDPs – those interpretations also can be considered a common understanding subject to Article 31(3) of the Vienna Convention on the Law of Treaties (“VCLT”). In its submission, the United States explained that Article 10.20.4 of the U.S.-Colombia of the U.S.-Peru

Accountability 52

Accountability Import Corruption IT 52

Kluwer Arbitration

OCTOBER 22, 2024

Improper retention of privileged and confidential legal documents : P&ID improperly obtained, retained, and misused Nigeria’s privileged and confidential legal documents, and used these to monitor whether its corruption had been uncovered and to track Nigeria’s case strategy throughout the arbitration.

Integrity 52

Integrity Integration Corruption Ethics 52

Kluwer Arbitration

AUGUST 20, 2024

(unofficial translation) When a dispute arose in 2019, PPSB initiated arbitration and requested the Judge of the District Court of Rotterdam (“the District Court”) to appoint an arbitrator in accordance with Article 1027(3) of the Dutch Arbitration Act (“DAA”). CSW opposed this request, arguing that mediation should take place first.

Corruption 98

Corruption IT Purchasing Efficiency 98

Federal News Network

NOVEMBER 9, 2023

But also when you’re dealing with the export of defense articles, you’ve got to deal with a whole other set of issues. company is going to obtain a commercial export license for those defense articles from the State Department, which will allow them to negotiate with and sell directly to a foreign government.

Export 105

Export Supply Chain Manufacturing Participation 105

Kluwer Arbitration

OCTOBER 13, 2023

Clear Endorsement of New Technologies in the Conduct of Arbitration Proceedings The Amendment Law expressly recognises that the place of arbitration can be either in-person or virtual (Article 28(1)). However, the admission of such evidence would constitute a violation of the UAE’s public policy.

Balance 64

Balance Corruption IT Integrity 64

Kluwer Arbitration

OCTOBER 3, 2024

Recent decisions show, however, that arbitrators tend to misunderstand whose good faith Article 31(1) of the VCLT is referring to. In this sense, Article 26 of the VCLT provides that “[every] treaty in force is binding upon the parties to it and must be performed by them in good faith ”. In Stabil LLC and Others v.

Accountability 59

Accountability IT Corruption Government 59

Kluwer Arbitration

DECEMBER 13, 2024

One of the most significant changes in the New Law is its broader scope, which now regulates both foreign and local investors in the KSA in Article 1, unlike the Old Law, which was limited to foreign investors. In contrast, under Article 5.2 In contrast, under Article 5.2 Notably, Article 4.1

Balance 52

Balance Corruption Transparency Import 52

Kluwer Arbitration

SEPTEMBER 11, 2024

Under this doctrine, the general principle of immunity applies only to the sovereign acts of a State, and not to the commercial acts (Article 10, United Nations Convention on Jurisdictional Immunities of States and Their Property ). 3(1)(a) and the ‘arbitration exception’ under s.9(1). However, Burton J.

Thresholds 98

Thresholds Contract Influencing Corruption 98

Government Contracts Legal Forum

AUGUST 9, 2024

This timeline, while providing an important safe harbor, places increased pressure on companies to make decisions quickly concerning whether to self-disclose or not. View the full article

IT 52

IT Corruption Accountability Insurance 52

Kluwer Arbitration

SEPTEMBER 22, 2024

Scope of Application Differently from traditional investment agreements, the stated purpose of the SIFA is not only to foster foreign direct investment (“FDI”) (Article 1), but also to do so in a manner that integrates environmental and labour standards, transparency, and corporate social responsibility.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

MAY 26, 2024

As AI systems continue to develop, it is also important to create a harmonized ecosystem where AI “collaborates” effectively with arbitration practitioners – be it with counsel or arbitrators. Providers, importers and manufacturers of AI systems bear the most stringent obligations under the Act (Articles 16, 25).

Impact Assessment 52

Impact Assessment Influencing Import Manufacturing 52

Kluwer Arbitration

NOVEMBER 8, 2023

Article 26 of the DIS Arbitration Rules 2018 is similar to Section 278(1) ZPO. It is important to recognize that these processes exist and that the IAA permits them. The above is an abbreviated version of an article published in the SchiedsVZ | German Arbitration Journal, Vol.

Import 98

Import Corruption IT Participation 98

Kluwer Arbitration

APRIL 20, 2024

53 of 2021, there were two important aspects that were unclear under the Bahraini Law No. Article 3 of the Bahrain Legislative Decree No. This was on the basis that under Article 3 of the Bahrain Code of Execution, arbitral awards were enforced through a court order, rather than a judgment. Prior to Case No.

Contract 59

Contract IT Import Corruption 59

Kluwer Arbitration

MAY 25, 2024

Whatever the reason for the high rate of uncontested outcomes, we believe they are an important feature of parties’ post-award conduct. In another forthcoming (2025) article (Compliance in the Shadow of the Award, 50 Yale J. This blog post is based on our article, Challenging and Enforcing International Arbitral Awards in U.S.

Data 98

Data Insurance Import Corruption 98

Kluwer Arbitration

JUNE 21, 2024

The substantive proposal of the question was merely based on a proposed reform of Article 422 of the Ecuadorian Constitution (“Article 422”), as explained further below. ” The mechanism through which this alleged recognition would have been achieved was the amendment of Article 422. free translation).

Consulting 52

Consulting Contract Corruption Transparency 52

Open Contracting Partnership

AUGUST 3, 2023

As a graduation task, students prepared articles about the problems and opportunities in public procurement in their countries. An article published in Kazakhstan by Gulbarshyn Karabalina and Svetlana Garkusha prompted the social services department of the Mangystau Region to use a competitive tender for the first time in years.

Procurement 52

Procurement Public Procurement E-procurement Participation 52

Kluwer Arbitration

AUGUST 10, 2024

This article provides an overview of the Law Commission’s review process before discussing its key recommendations and their potential impact on London’s position as a preeminent seat for international arbitration. The article also discusses the rationales underpinning the Law Commission’s recommendations.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

AUGUST 15, 2024

This article analyses fifteen arbitration cases in which the respondent argued that the claimant contributed to its injury, either as a result of the investor’s bad business judgment or because the investor’s behaviour provoked the state’s wrongful conduct.

Efficiency 52

Efficiency Balance Corruption Transparency 52

Kluwer Arbitration

AUGUST 28, 2024

Recent legislative changes to article 63 of the Brazilian Civil Procedure Code (“BCCP”) have nevertheless altered the legal regime of EJAs. Article 63, ss. Article 63, ss. The latter is provided in article 63 of BCCP, which has been recently amended. The recently enacted Law No.

Contract 52

Contract Balance Import Utilities 52