Kluwer Arbitration

APRIL 9, 2025

He further emphasized the importance of balancing self-promotion with substantive contributions. 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

Participation 52

Participation Import Networking Leadership 52

Kluwer Arbitration

APRIL 10, 2025

First, how arbitration engages with criminal lawparticularly the way tribunals handle corruption allegations and other criminal issues that arise during proceedings. ramping up enforcement of the Foreign Corrupt Practices Act (FCPA), triggering high-profile investigations and hefty penalties for cross-border bribery.

Influencing 52

Influencing Corruption Collusion Balance 52

Kluwer Arbitration

DECEMBER 10, 2023

Leveraging arbitration’s strengths can ensure smooth integration of data privacy protection in our interconnected world, balancing individual rights with the ever-growing demand for data. Therefore, any proposed dispute resolution mechanism should permit balancing privacy rights and public interests.

Data 97

Data Balance Transparency Thresholds 97

Kluwer Arbitration

MARCH 9, 2024

Issues of corruption, investors coming in with unclean hands, as well as investors putting forward inflated claims are also some of the concerns of host states and other stakeholders. In terms of corruption, Prof. Dr. Ong said that there are currently no arbitration rules that define the standard of proof for corruption.

Balance 52

Balance Corruption Participation Utilities 52

Kluwer Arbitration

APRIL 9, 2025

To conclude, while facilitating settlement is crucial from all sides, it remains important to recognize the thresholds and respect the boundaries of a fair and balanced process. Document Production and Evidence-Gathering in International Arbitration How Much is Too Much? Arbitrators and parties should be practical, thoughtful, and flexible.

Ethics 52

Ethics Quality Import Thresholds 52

Kluwer Arbitration

JULY 14, 2024

The wide-ranging program covered cutting edge technological innovations and timeless human considerations such as persuasion, corruption, and disability inclusion. He acknowledged the importance of minimizing corruption and improving rule of law but noted that the data suggests that they are not strictly necessary.

Corruption 59

Corruption Innovation Quality Import 59

Kluwer Arbitration

JUNE 19, 2024

Additionally, the Claimants claimed that Panama’s actions included a smear campaign, which involved a criminal investigation into corruption allegations against Mr. Rivera, damaging his global reputation. The Corruption Investigation The Claimants contended that Panama’s criminal investigation was not genuine.

Corruption 52

Corruption Balance Capacity Contract 52

Open Contracting Partnership

NOVEMBER 7, 2023

These included ongoing issues such as poor institutional coordination, lack of transparency, high levels of corruption, and murky lines of accountability. The legal framework as well as the creation of procurement oversight agencies led to more accountability, with a clear set of rules as well as checks and balances.

Public Procurement 70

Public Procurement Procurement E-procurement Transparency 70

Kluwer Arbitration

MARCH 20, 2025

The article considers the consequences of this network of rules and argues for a balanced approach to confidentiality which allows for exceptions where necessary in the interest of justice. Such an approach would align the Australian position with international standards.

Management 52

Management Efficiency Evaluation Balance 52

Federal News Network

NOVEMBER 9, 2023

I think the Justice Department has characterized sanctions as the new FCPA, the new Foreign Corrupt Practices Act. They’re going to have to really balance these risks going forward. Tom Temin As the old saying goes, it’s complicated. Justin Chiarodo It is complicated. It’s getting tremendous attention.

Export 108

Export Supply Chain Manufacturing Participation 108

Kluwer Arbitration

APRIL 16, 2025

Secondly, in the interest of procedural fairness, distributing and balancing the power and responsibilities related to information is key. It is therefore crucial to strike a balance to ensure fairness, especially as data volumes grow and technology reshapes how information is managed.

52

52

Kluwer Arbitration

MARCH 24, 2024

The challenge, as Kaldunksi pointed out, is to strike a balance between investor protection and the state’s RTR, a task that is far from straightforward given the complexity and diversity of modern investment relationships. In response to this challenge, states have evolved in their approach to the RTR from a regulatory perspective.

Balance 52

Balance Corruption IT Management 52

Kluwer Arbitration

JUNE 6, 2024

Mr Singarajah highlighted the need to find a good balance between this flexibility, which allows arbitral tribunals and lawyers to have enough room to address misconducts, and having enough norms so as to apply a minimum standard.

Ethics 52

Ethics Corruption Balance Transparency 52

Kluwer Arbitration

JUNE 9, 2024

The Court considered that “the suggestion that it was unnecessary to call any expert witnesses was plainly not an expression of a balanced and impartial view, or merely a concern about the hearing over-running, or an attempt by the arbitrator to impose an orderly and economical procedure on the parties.”

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

DECEMBER 14, 2024

This article therefore discusses the importance of the rule of law in arbitration, evaluating how arbitration already defends the rule of law and provides some thoughts about balancing the rule of law in arbitration to avoid an antithetical outcome. All prospective contributions should be in accordance with the guidelines set out here.

Management 52

Management Corruption Negotiation Import 52

Kluwer Arbitration

OCTOBER 9, 2024

The discussion also addressed the potential tension between diversity and qualification, debating how to balance the two. Bucki advocated for a broader approach to efficiency, emphasizing that it should encompass a balance of time, cost, and quality. Confidentiality – Just Another Outdated Concept?

Innovation 52

Innovation Efficiency Balance Quality 52

Kluwer Arbitration

AUGUST 6, 2024

United States on the ground that USMCA Annex 14-C does not cover measures adopted after the termination of NAFTA, Canada argued that the balance of convenience and sound administration of arbitration require the suspension of the proceeding until that Tribunal had ruled on the preliminary objection to jurisdiction.

Balance 69

Balance Efficiency Corruption IT 69

ivalua

MARCH 16, 2022

Managing your supplier risk is crucial to combating bribery, corruption, procurement fraud, and other corporate risks that often occur as the Fraud Survey revealed (see image 4). . Balancing the drive for cost-efficiency with the need to innovate. Main Corporate Risks. Strengthening/initiating supplier risk management activities.

Procurement 52

Procurement Risk Management Supplier Procurement Team 52

Kluwer Arbitration

MAY 2, 2024

In Carmichael v BBC , proof on the balance of probabilities was considered on two levels: proof of what laws will be applied and proof of how those laws will be applied. Instead, the facts relied on must be capable of demonstration on the balance of probabilities at the time the court decides the issue.

Balance 52

Balance Manufacturing Corruption IT 52

How to Crack a Nut

NOVEMBER 17, 2023

The importance and positive contribution of public procurement law to the adequate management of public funds may seem difficult to appreciate in ordinary times, and there are recurrent calls for a reduction of the administrative burden and bureaucracy related to procurement procedures, checks and balances.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

DECEMBER 12, 2024

and Gabriella Palmieri (Italian Attorney General) highlighted the complex interaction between international, transnational and national law, and they agreed on the need to find a balance between environmental protection and economic competitiveness.

Finance 52

Finance Sustainability Balance Export 52

Kluwer Arbitration

MAY 10, 2024

Moloo further added that humans would always want complex and nuanced cases to involve human judgment, which raises the dilemma of how to balance the efficiency of AI and these human subjectivities in practice. Closing Remarks The panel was followed by closing remarks by Professor Richard Susskind OBE KC.

Efficiency 52

Efficiency Innovation Balance Integration 52

Open Contracting Partnership

JUNE 4, 2024

Ultimately, the decision to adopt SaaS-based e-GP solutions must balance the conveniences they offer and the need to uphold the integrity of public procurement laws and regulations. A recent report by the World Bank on e-GP system implementation types in Africa analyzes risks and benefits for different implementation types.

E-procurement 82

E-procurement Procurement Public Procurement Transparency 82

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. Where do We Stand?

Balance 52

Balance Negotiation Sustainability Accountability 52

Open Contracting Partnership

FEBRUARY 1, 2024

We are also very pleased that we achieved one of the closest gender balances in survey responses last year, closing the gap between Men and Women from a 22% differential in 2022, to an 11% differential in 2023. Across the last five years, this puts us at an average of Net Promoter 82, exceeding our strategy cycle target of 80.

E-procurement 76

E-procurement Public Procurement Capacity Procurement 76

Kluwer Arbitration

MAY 22, 2024

This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy. The tribunal recognized Colombia’s efforts to protect páramos as proportionate and nondiscriminatory, given their environmental relevance.

Balance 52

Balance Participation Impact Assessment Thresholds 52

Kluwer Arbitration

NOVEMBER 14, 2023

Perhaps, underneath all the arbitral extravagance and incalculable network of disturbing corruption lurks a least appreciated cultural milieu worth $11 billion dollars. Beyond the corruption, one can think of another reason why Nigeria’s defence during the arbitration was abysmal. Let’s kill all the lawyers. ’” ( Nigeria v.

Corruption 40

Corruption Contract Sustainability Import 40

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. By embedding these principles in IIAs, States are creating a legal foundation that can balance investor rights with the urgent need for environmental protection and social equity.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

MAY 24, 2024

This behavior showed that Colombia acted with a legitimate purpose, giving meaningful consideration to competing economic, environmental, and social interests to produce a balanced policy. The tribunal recognized Colombia’s efforts to protect páramos as proportionate and nondiscriminatory, given their environmental relevance.

Balance 52

Balance Participation Impact Assessment IT 52

Kluwer Arbitration

AUGUST 10, 2024

Albania: Indirect Expropriation and Proportionality This case note delves into the complexities of balancing state regulatory authority and investor protections in the context of indirect expropriation, as exemplified in Hydro and Others v. Rafael Quintero Godinez, A Case Note on the ICSID Tribunal’s Decision in Hydro and Others v.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

MARCH 2, 2024

This article thus calls for a critical evaluation of the de novo standard with a view to developing a more balanced system that would pay due regard to the competing goals of efficiency and legitimacy of the arbitral process.

Evaluation 52

Evaluation Balance Corruption Efficiency 52

Kluwer Arbitration

AUGUST 15, 2024

Second, in the case in which the principle of independence and impartiality collides with another principle, I advocate the use of balancing. First, I propose a multi-step model that allows us to analyse a specific case.

Efficiency 52

Efficiency Balance Corruption Transparency 52

Kluwer Arbitration

OCTOBER 27, 2023

They aim to strike a balance between the sanctity of contracts and the flexibility needed in exceptional circumstances. The debates on the last day of the Conference emphasized the delicate balance arbitrators must find between upholding party autonomy and intervening during exceptional circumstances in an ever-evolving economic landscape.

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

DECEMBER 13, 2024

This provision is aimed at ensuring a delicate balance between public interest and investor rights, unlike the Old Law, which offered limited safeguards. Notably, Article 4.1 See Foreign Investment Law, Articles 7 and 11.

Balance 52

Balance Corruption Transparency Import 52

Kluwer Arbitration

AUGUST 12, 2024

This paper considers the prevailing approaches taken across different jurisdictions and ultimately proposes an alternative approach for common law to strike a better balance among all competing interests.

Transparency 52

Transparency Influencing Efficiency Balance 52

Kluwer Arbitration

OCTOBER 7, 2024

Professionalism among counsel was highlighted as essential in maintaining this balance, ensuring that both due process and efficiency are preserved without compromising the integrity of the arbitration process.

Ethics 52

Ethics Balance Import Integration 52

Kluwer Arbitration

FEBRUARY 29, 2024

In striking this balance, as acknowledged in Tui , the overriding criterion should be the overall fairness of the arbitration. The case for applying the rule is much stronger where a party fails to cross examine a key witness on a core issue despite directions from a tribunal and having adequate time to do so.

Import 64

Import Balance IT Corruption 64