Open Contracting Partnership

AUGUST 3, 2023

The program holds valuable lessons for others working to empower contracting monitors with different skills and backgrounds to work closely together to foster transparency and better procurement practices in their regions.

Procurement 52

Procurement Public Procurement E-procurement Participation 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

FEBRUARY 20, 2024

Flexibility from the Start SCCA’s Article 8.1 Article 10: Pre-Meeting Facilitation Before the tribunal is constituted, Article 10 empowers the administrator to conduct a pre-meeting, fostering communication between parties. This post comments on some of these provisions in the SCCA’s rules.

Efficiency 52

Efficiency Negotiation Corruption Transparency 52

Kluwer Arbitration

AUGUST 12, 2024

This article analyses in detail the multifaceted types of disputes involving businesses, as well as the responses by international arbitration institutions. These guidelines can assist parties to jointly agree on a mechanism to increase the transparency of relevant arbitral proceedings, including the submission of amicus curiae briefs.

Transparency 52

Transparency Influencing Efficiency Balance 52

Kluwer Arbitration

AUGUST 9, 2024

The panel recommended that aspiring arbitrators gain relevant experience by serving as a secretary at the NAI, publishing journal articles, and taking courses offered by the NAI to qualify for inclusion on the arbitrators’ list.

Finance 98

Finance Transparency Demand Sustainability 98

Government Contracts Legal Forum

AUGUST 9, 2024

Spotlight on Ethical and Transparent Corporate Culture The new pilot program underscores DOJ’s commitment to fostering a corporate culture of integrity and accountability, and sends a clear message to would-be whistleblowers and corporate entities alike. View the full article

IT 52

IT Corruption Accountability Insurance 52

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 Notably, Article 4.1 See Foreign Investment Law, Articles 7 and 11.

Balance 52

Balance Corruption Transparency Import 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

Kluwer Arbitration

JANUARY 10, 2024

The goal is to ensure transparency in class arbitration proceedings involving stock market investors, corporations, officers, and major stakeholders (“Securities Disputes”), seeking to further protect the investors’ interests. 2.925/2023 (“ Bill ”) is intended to amend federal law no. 80/2022 (“Resolution”), Annex I, art. 27-H in the Law no.

IT 52

IT Transparency Balance Corruption 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

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. Technically speaking, the refusal of the proposal brings forth one sole conclusion: Article 422 remains unchanged. free translation). Free translation).

Consulting 52

Consulting Contract Corruption Transparency 52

Kluwer Arbitration

AUGUST 22, 2024

Moreover, the “black box” problem presents a major obstacle to having AI serve as an arbitrator because of its supposed incompatibility with the current legal framework for international arbitration and due to the perception that the lack of transparency can undermine trust in AI-generated decisions.

Transparency 64

Transparency Data Import IT 64

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. The 2024 Rules aim at increasing efficiency, flexibility and transparency of arbitral proceedings conducted under the auspices of the CRCICA.

Transparency 52

Transparency Efficiency Contract Integrity 52

Kluwer Arbitration

AUGUST 25, 2024

The Arguments Mr Goren’s objection to publication included the following arguments: Article 30 of the LCIA rules contains an undertaking by the parties and tribunal to keep confidential all awards and materials in the arbitration. Once joined to the arbitration, he may have had an expectation of confidentiality pursuant to LCIA Article 30.

Transparency 59

Transparency Purchasing Balance Corruption 59

Kluwer Arbitration

MARCH 15, 2024

According to the Court, that clause falls within the prohibition of article 422 of Ecuador’s Constitution that prohibits Ecuador entering into certain international treaties. It also explained why the Agreement does not fall within the prohibition of article 422 of the Ecuadorian Constitution and declared the Agreement constitutional.

IT 52

IT Corruption Transparency Contract 52

Kluwer Arbitration

DECEMBER 31, 2023

Compared with the 2015 Rules , the 2024 Rules have expanded from 84 provisions to 88 provisions and incorporated recent developments in international arbitration, such as third-party funding (Article 48) and early dismissal (Article 50). This article will present an overview of the key amendments and new updates to the 2024 Rules.

Efficiency 52

Efficiency Consulting Contract Negotiation 52

GovLoop

MARCH 5, 2024

If a cyberattack, human error, or another circumstance results in data theft, deletion or corruption, a snapshot can quickly restore what’s lost, said Sprague. But open dialogue promotes transparency and constituent trust. This article appeared in our guide, “The 2024 Cyber Agenda.”

Data 52

Data Corruption Transparency Networking 52

Kluwer Arbitration

JULY 1, 2024

Finally, Galindez pointed to the role of institutions seeking to improve transparency where state entities are involved, by publishing redacted awards, details of arbitrator appointments and increasing public access to information on ongoing cases. Nigeria arbitral award and the issue of fraud and corruption. He referred to Prof.

Corruption 52

Corruption Export Import Transparency 52

Kluwer Arbitration

SEPTEMBER 14, 2024

This is important indeed, but enhanced transparency risks aggravating issues, especially when complex. An extra defence is available under its Article 11 AANZFTA, allowing Australia to deny benefits if Zeph lacks “substantial business activities” in Singapore. The JSCOT proceedings allow for public scrutiny and discussion of treaties.

Transparency 52

Transparency Integrity Integration Government 52

Tracker Intelligence

FEBRUARY 16, 2025

This article, which compares public and private procurement, gives suppliers the confidence to move in both markets. Transparency, equity, and efficient use of public money are all highly valued. Transparency and compliance are often sacrificed for speed and supplier connections.

Procurement 52

Procurement Tender Public Procurement Supplier 52

Kluwer Arbitration

JUNE 23, 2024

Its mandate involves two pillars, reflected in Articles 6 and 7 of the draft statute. Article 6 deals with general technical assistance and “capacity building”, such as advice on dispute prevention, trainings, seminars, exchange of experience and serving as a repository of information. Reliance on donations raises several issues.

Export 52

Export Finance Sustainability Capacity 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.

Negotiation 52

Negotiation Supply Chain Transparency Education 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. Trust and transparency will be prioritized as more data is collected and leveraged. This will empower employees to use data effectively in their roles.

Data 75

Data Government Government Demand 75

Kluwer Arbitration

NOVEMBER 19, 2023

It served as VIAC’s response to the increasing call of parties, counsel and arbitrators alike for greater transparency in arbitration through enhanced access to arbitral awards and their reasoning. It was first published in hard copy and has since also been made available on the Kluwer Arbitration database.

Transparency 52

Transparency Collaboration Import Corruption 52

Kluwer Arbitration

MAY 29, 2024

It contained a proposed Directive on the regulation of third-party funding and also appeared to be intended to apply to arbitrations seated in the EU (according to the definition of “proceedings” in Article 3(e) of the proposed Directive).

Corruption 52

Corruption Transparency Demand IT 52

Kluwer Arbitration

MAY 22, 2024

Article 34 of the Mining Code establishes that no exploration and exploitation can be performed in areas declared and delimited by environmental authorities as “protected areas,” called “mining exclusion zones.” The tribunal ruled that FET should not be taken as a standalone principle and must not go beyond the scope of MST.

Balance 52

Balance Participation Impact Assessment Thresholds 52

Kluwer Arbitration

JANUARY 6, 2024

Regarding the FET claim, the Tribunal noted that the concept must be analyzed based on specific contemporary requirements, which include the obligations to ( i ) respect legitimate expectations; ( ii ) act in a non-discriminatory manner; ( iii ) act transparently; and ( iv ) act consistently. Decisions like the one in Lee-Chin v.

IT 52

IT Corruption Transparency Purchasing 52

Kluwer Arbitration

MAY 24, 2024

Article 34 of the Mining Code establishes that no exploration and exploitation can be performed in areas declared and delimited by environmental authorities as “protected areas,” called “mining exclusion zones.” The tribunal ruled that FET should not be taken as a self-standing standard, it is part of MST and must not go beyond its scope.

Balance 52

Balance Participation Impact Assessment IT 52

Kluwer Arbitration

MAY 5, 2024

In this regard, states and stakeholders would have to work on finding a more balanced approach which takes into account public participation, transparency and steps to make it more legitimate in the eyes of public. However, settlements in relation to treaty claims, may invite public outrage as the terms of settlement may be confidential.

Balance 52

Balance Negotiation Sustainability Accountability 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. At least not explicitly. Investment tribunals have consistently adopted this approach, even without explicit provisions to that effect.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

SEPTEMBER 3, 2024

Robust data protection measures, transparency, adherence to local, national, and international laws, and a mechanism for challenging outcomes are needed (see e.g., the European Union’s Artificial Intelligence Act ). On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

DECEMBER 16, 2023

For instance, it proposed that the arbitral tribunal (a) shall consult with the parties within 5/7 days of its constitution (compared to 15 days under Article 9 of the EAR), and (b) shall render an award within 60-90 days (compared to the default six months under Article 16 of the EAR). The proposal drew stark views.

Balance 52

Balance Innovation Consulting Efficiency 52

Kluwer Arbitration

JUNE 20, 2024

Another arises from how generative AI models leverage intricate probabilistic computations to produce outputs that exhibit a remarkable degree of authenticity, even though the underlying mechanism is more akin to a sophisticated statistical estimation than a transparent reasoning process. Where rules and regulations (e.g.

Evaluation 52

Evaluation Thresholds Ethics Accountability 52

Kluwer Arbitration

MARCH 13, 2024

The Dubai CoC also relied on Article 54(4) of the UAE Federal Law No. Furthermore, Article 3.3 These rules integrate contemporary practices and technological advancements to improve the arbitration process’ efficiency, transparency, and flexibility, in order to increase the prominent and stature of CRCICA in MENA.

Efficiency 52

Efficiency IT Corruption Transparency 52

Kluwer Arbitration

DECEMBER 4, 2023

Transparency is the general rule in all arbitrations with state parties. It flourishes under specific conditions: an autonomous judiciary, refined governance structures, transparency and professionalism, and a fine balance between regulatory interests and respect for investments. Yet, BRAMIA is not a universal solution.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Transparency is the general rule in all arbitrations with state parties. It flourishes under specific conditions: an autonomous judiciary, refined governance structures, transparency and professionalism, and a fine balance between regulatory interests and respect for investments. Yet, BRAMIA is not a universal solution.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

OCTOBER 20, 2024

One of the most innovative and exciting new provisions is Article 9A.1, It is a searchable database of anonymized and summarized procedural decisions taken by HKIAC’s Proceedings and Appointments Committees, giving insights into HKIAC’s procedural decision-making and resulting in greater transparency, guidance, and certainty for HKIAC users.

Efficiency 52

Efficiency Innovation Leadership Capacity 52