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

Whistleblower Network News

AUGUST 5, 2024

The DOJ announced a sprint to develop the program in March and whistleblower advocates noted that the whistleblower program had the potential to greatly bolster the DOJ’s efforts to combat fraud and corruption.

Whistle-blowing 121

Whistle-blowing Corruption Participation Accountability 121

Inter-American Development Bank

OCTOBER 31, 2024

In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. Hart’s insights strongly resonated with participants from the LAC region, where traditional contracts are often strained by rigid rules. Source: Authors’s elaboration. 4] Bandiera, O., Prat, A., & Valletti, T.

Public Procurement 52

Public Procurement Procurement Strategic Planning Balance 52

Kluwer Arbitration

MAY 23, 2024

KS&T was a market participant in OCTP with tracking accounts for emission allowances in Ontario and California. The Program commenced in January 2017 and was linked with similar programs in California and Québec. Both KS&T and its parent company, Koch Industries, are US companies.

Participation 75

Participation Purchasing Accountability Price 75

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.

Participation 97

Participation Contract Import Corruption 97

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. And so you introduce a lot of complexity for any contractor that is thinking about participating in that market. So a lot of pressure on that side. Export control laws. So that’s for bucket one.

Export 107

Export Supply Chain Manufacturing Participation 107

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

Import and Trade Remedies

JANUARY 22, 2025

Baker McKenzies Canadian international trade and customs team is publishing a series of articles reviewing 2024 trade and customs compliance developments and looking ahead to 2025s burgeoning issues. This article focuses on Canada’s trade remedies regime.

Export 52

Export Import Price Participation 52

Whistleblower Network News

JUNE 3, 2024

The workshop on whistleblowing was facilitated by activist Nikhil Dey , who founded Mazdoor Kisan Shakti Sangathan (MKSS) and was attended by around 50 activists, academics, journalists, policymakers, and anti-corruption practitioners. We’re defining corruption broadly as any arbitrary use of power,” said Dey.

Corruption 52

Corruption Participation Networking Government 52

Open Contracting Partnership

AUGUST 3, 2023

Introductory course The School of Applied Research in Public Procurement sought to develop participants’ skills in monitoring, research, policy analysis, and promoting public procurement reforms and open contracting in Central Asia, with a vision to improve transparency, accountability and efficiency in the use of public funds.

Procurement 52

Procurement Public Procurement E-procurement Participation 52

Kluwer Arbitration

APRIL 10, 2025

This article outlines the key themes and insights from a panel discussion exploring the evolving interplay between criminal law and international arbitration from two interrelated perspectives. Daniel Schimmel echoed these observations, reflecting on the evolving approach of arbitral tribunals and counsel toward corruption allegations.

Influencing 52

Influencing Corruption Collusion Balance 52

Kluwer Arbitration

OCTOBER 17, 2024

More progressively, Article 26 of the 2018 DIS Arbitration Rules obliges the arbitral tribunal to discuss with the parties the possibility of amicable settlement of the dispute or of individual disputed issues. Such a provision could be easily incorporated into the existing institutional rules, for instance, in Article 24.2

Negotiation 97

Negotiation Management Budget Efficiency 97

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. Chris Christie who participated in the “Bridgegate” scandal.

Corruption 52

Corruption Participation Government Government 52

Kluwer Arbitration

SEPTEMBER 8, 2024

The Applicant contended that the award’s binding effect was limited to the parties involved in the arbitration, excluding other shareholders who had not properly participated. The ASC emphasized that the need for a binding effect on all shareholders requires the arbitration agreement to confer certain participation rights to all of them.

Participation 52

Participation Corruption IT Import 52

Kluwer Arbitration

JANUARY 24, 2024

A Clear Objective to Promote African States’ Interests and Participation in Dispute Settlement Mechanisms 1. Provisions Promoting African States’ Participation in Dispute Settlement The Model BIT and the Investment Protocol also contain provisions to promote Africa’s participation in dispute settlement mechanisms.

Sustainability 52

Sustainability Participation Negotiation Corruption 52

Government Contracts Legal Forum

AUGUST 9, 2024

Notably, a whistleblower’s participation in internal compliance and/or reporting processes is a factor that could warrant an increased reward. View the full article Conversely, a whistleblower’s interference with such processes could lead to a decreased amount.

IT 52

IT Corruption Accountability Insurance 52

Kluwer Arbitration

JULY 4, 2024

taking evidence of one or several witnesses by video, with other participants including the arbitral tribunal and counsel to appear in person) or in full. For example, videoconferencing may permit participants to observe the facial reactions of a witness more closely than in a physical hearing room.

IT 59

IT Participation Consulting Efficiency 59

Kluwer Arbitration

OCTOBER 4, 2023

With specific reference to Article V(1)(a) of the New York Convention as incorporated in section 103(2)(b) , the Supreme Court expressly rejected Dallah’s concept of “deference” to the tribunal’s decision. (b) It clarified that the reform proposal is restricted only to the participating parties wishing to have a “second bite of the cherry.”

Consulting 75

Consulting Participation Corruption IT 75

Kluwer Arbitration

AUGUST 8, 2024

In response, the Respondent made an application pursuant to Article 8(1) of the UNCITRAL Model Law as adopted by the Arbitration Act 2010 to stay proceedings and refer the dispute to arbitration pursuant to an arbitration clause in the insurance policy. In the court proceedings, the Claimant sought judgment in default of defence. While para.

Insurance 52

Insurance IT Efficiency Participation 52

Kluwer Arbitration

SEPTEMBER 30, 2024

The reasons behind this decision are sanctions and the now infamous Article 248.1 Gazprom invoked Articles 248.1 of the RAPC arguing that: The arbitration agreement is unenforceable because Gazprom is subject to restrictive measures imposed by foreign states; Gazprom has “limited access to justice” in the sense of Article 248.1

Export 52

Export Participation Transportation Transportation 52

Kluwer Arbitration

NOVEMBER 8, 2023

Article 26 of the DIS Arbitration Rules 2018 is similar to Section 278(1) ZPO. The above is an abbreviated version of an article published in the SchiedsVZ | German Arbitration Journal, Vol. First, the provision speaks of a conciliation hearing. Simultaneous presence means there can be no caucus.

Import 98

Import Corruption IT Participation 98

Kluwer Arbitration

JULY 16, 2024

Therefore, the Commission proposed a new Article 24(3) for inclusion in the modernized ECT to exclude the treaty’s future application between EU Member States. The Majority ECT Declaration intends to disapply the ECT in both pending and future intra-EU arbitrations that may be brought under the ECT’s survival clause. 655-676; Encavis , paras.

Utilities 52

Utilities Contract IT Corruption 52

Kluwer Arbitration

JULY 7, 2024

It aims to “enhance the capacity of States and regional economic integration organisations in handling international investment disputes”, with a particular focus on least developed and developing countries, as identified in the annex to the draft statute (Article 2).

Education 52

Education Efficiency Integrity Negotiation 52

Kluwer Arbitration

MARCH 25, 2024

This article provides an overview of Mongolia’s international investment climate and explores recent developments. These reforms centered on state involvement and equity participation in strategic mineral deposits, and increased national benefits from its rich mineral resources. Mongolia’s International Investment Climate A.

Transparency 105

Transparency Negotiation Price Export 105

Kluwer Arbitration

DECEMBER 1, 2023

The Decision The Constitutional Court ruled that the Agreement is “unconstitutional” because – among other reasons – it provides for ICSID arbitration in article 15.20. Hence, Article 422 cannot be regarded as prohibiting international treaties containing international arbitration provisions.

Contract 52

Contract Capacity Utilities Corruption 52

Kluwer Arbitration

SEPTEMBER 2, 2024

More precisely, Article 36(1) of the Regulation provides that “[a] judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.” Brief Overview of the Key Provisions of the 2019 Hague Convention Article 1 of the 2019 Hague Convention lays out its scope.

Contract 52

Contract IT Import Capacity 52

Kluwer Arbitration

JANUARY 14, 2024

While the 2011 Rules contained 5 Sections with 48 Articles, the 2024 Rules contain 6 Sections with 56 Articles and 4 annexes. Multiple Contracts The 2024 Rules addresses multiple contracts in Article 51, which enable parties to make claims arising out of or in connection with more than one contract in a single arbitration.

Transparency 52

Transparency Efficiency Contract Integrity 52

Kluwer Arbitration

JUNE 23, 2024

The Advisory Centre’s Mandate Participating in ISDS proceedings requires time and money. Its mandate involves two pillars, reflected in Articles 6 and 7 of the draft statute. Article 7 governs the centre’s provision of “legal support and advice with regard to an international investment dispute proceeding”.

Export 52

Export Finance Sustainability Capacity 52

Kluwer Arbitration

NOVEMBER 22, 2023

Likewise, in Peru, 14 arbitrators were indicted on corruption charges in 2020 after a whistleblower allegedly admitted to receiving money from parties to an arbitration. Nataf observed differences in the views of French and English courts on corruption in arbitration and the power to investigate evidence.

Corruption 52

Corruption Participation Import IT 52

Kluwer Arbitration

SEPTEMBER 5, 2024

10) are captured in the Protocols to the Convention; additional Protocols may be adopted in accordance with the procedure detailed under Article 10. Article 2 sets out the six Protocols—A, B, C, X, Y, and Z—currently under consideration, grouping them into two categories. Examples described as “illustrative” (para.

Influencing 52

Influencing Corruption Participation IT 52

Kluwer Arbitration

MARCH 20, 2024

In this respect, the drafting of the rules is very broad, with article R27 providing that “ Such disputes may involve matters of principle relating to sport or matters of pecuniary or other interests relating to the practice or the development of sport and may include, more generally, any activity or matter related or connected to sport ”.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

JANUARY 19, 2024

On the other hand, the compétence-compétence principle, as explained by the Mexican Collegiate Circuit Courts (“ Tribunales Colegiados de Circuito ”), refers to the power of the arbitral tribunal to decide on its own jurisdiction, including objections relating to the existence or validity of the arbitration agreement ( See Article 1432 MAA).

Efficiency 52

Efficiency Integrity Integration IT 52

Kluwer Arbitration

MAY 11, 2024

They are designed to be applicable to all participants involved in the arbitration proceedings, and SVAMC is currently accepting feedback and suggestions on these guidelines here. Rabia Batool and Scarlet Tunney are members of Young California Arbitration (Young CalArb) which assisted in preparing this article.

Participation 52

Participation Integrity Integration Efficiency 52

Kluwer Arbitration

MAY 4, 2024

The third party is allowed to participate in the initial arbitration, which includes in particular the right to participate in the constitution of the arbitral tribunal. The participation of the third party always requires a third-party notice. The DIS-TPNR never allow the third party to intervene in its own right. 4 DIS-TPNR.

Participation 52

Participation Buyers Contract Negotiation 52

Kluwer Arbitration

MARCH 4, 2024

FPS Article 2(2) of the Treaty provides that covered investments “shall enjoy full protection and security”. FET Article 2(2) of the Treaty provides that covered investments “shall at all times be accorded fair and equitable treatment.” The Tribunal also found that no compensation was paid for any of the assets.

Finance 52

Finance IT Capacity Corruption 52

Kluwer Arbitration

OCTOBER 27, 2023

Gouveia examined the legal landscape in Portugal ( Portuguese Civil Code , Articles 437 and 790), in Brazil ( Brazilian Civil Code , Articles 317, 478, and 393), in Germany ( German Civil Code , Articles 275 and 313.1.3), in England (British Electrical and Associated Industries (Cardiff) Ltd v. 3) As Prof. Regardless, as Prof.

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

NOVEMBER 28, 2023

The offer of arbitration contained in Article XI gives the investor a choice to submit the dispute to the local courts, ICSID arbitration or the Additional Facility, and if none of the former is available, arbitration under the UNCITRAL Arbitration Rules. On the basis of Article 31.3.c) c) of the VCLT ” (See para.

Negotiation 59

Negotiation Balance Contract Manufacturing 59