Whistleblower Network News

MAY 7, 2024

The AML Whistleblower Improvement Act established the AML Whistleblower Program, an important tool for balancing the unregulated sports environment and targeting corruption within the industry. These provisions offer monetary awards and anti-retaliation protections to whistleblowers who report money laundering violations.

Balance 83

Balance Corruption Networking Collaboration 83

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

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 Efficiency 97

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 63

Public Procurement Procurement E-procurement Transparency 63

Kluwer Arbitration

OCTOBER 14, 2023

The panel considered this question against the need to maintain confidentiality and balance competing common and civil law practices. 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”.

Corruption 52

Corruption Transparency Demand Consulting 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 Corruption Manufacturing IT 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 IT Corruption 69

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

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

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

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

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.

Influencing 52

Influencing Transparency Efficiency Balance 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. 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 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 Impact Assessment Participation 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. Where do We Stand?

Balance 52

Balance Negotiation Sustainability Accountability 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.

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Evaluation Balance Corruption Efficiency 52

Kluwer Arbitration

SEPTEMBER 6, 2024

Christophe Seraglini and moderated by Anne Véronique Schlaepfer , discussed the balancing act that arbitrators face in ensuring the right to be heard. Due Process and the Right to be Heard The third panel, consisting of Rachael D. Kent , James Lloyd Loftis , Dr. Anke Meier , and Prof.

Participation 52

Participation Import Balance Corruption 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 Impact Assessment Participation IT 52

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.

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Procurement Risk Management Supplier Procurement Team 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.

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Contract Balance Negotiation Insurance 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

MARCH 31, 2024

On May 10, 2021, and following the provisions of clauses 12 and 18(2) of the Contract, the Buyer commenced arbitration proceedings, under the rules of the ICC, before a sole Arbitrator, in an abbreviated procedure, in which it demanded the restitution of the paid advance balance, plus interest, and costs.

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Buyers Balance Price Contract 52

Kluwer Arbitration

MAY 12, 2024

Decision of the Court According to the Pechstein Decision, the constitutional limits of externally determined arbitration agreements are governed by the right to a fair trial balanced against the freedom of contract and the protection of private autonomy (para. Instead, a balancing of interests is required (para. 40 et seq.).

Balance 52

Balance Quantity Corruption IT 52

Kluwer Arbitration

AUGUST 25, 2024

In other words, although a balancing test is applied to determine the question, the starting position weighs towards publication. To successfully argue otherwise will likely require more than proving an expectation of confidentiality.

Transparency 59

Transparency Purchasing Balance Corruption 59

Kluwer Arbitration

APRIL 24, 2024

In other words, the court’s inquiry appears to be directed into balancing between judicial power to resolve international disputes and political questions that are decided through diplomatic channels. Second, the court might need to balance the political concerns of sovereign equality and the relationships between the EU and the U.S.

Balance 52

Balance Capacity Government Government 52

Kluwer Arbitration

MARCH 20, 2024

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. Provisional measures can be awarded, applying the classic criteria in arbitration of risk of irreparable harm, chances of success and balance of the parties’ interests.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

JANUARY 13, 2024

He also praised the balance achieved by the rules taking into consideration both states and investors’ interests. Jana introduced the subject pointing out that the ICSID made public consultations on its new rules, allowing all stakeholders to comment on the amendments. We ought to wait and see.

Balance 52

Balance Transparency Negotiation Government 52

Kluwer Arbitration

APRIL 5, 2024

Climate Science and Investment Arbitration Caline Mouawad addressed the question of whether climate science could assist tribunals in striking a balance between investor claims and the State’s right to protect the public interest. The consensus reached was affirmative: climate science has a vital role in each stage of investment arbitration.

Balance 52

Balance Capacity Corruption Efficiency 52

Kluwer Arbitration

FEBRUARY 19, 2024

For others, there is a growing risk of disputes as States balance investor obligations with environmental commitments. Despite the uncertainties, the modernization process is perceived as an effort to reform broadly and strike a balance between safeguarding foreign investment and maintaining host state sovereignty.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

JUNE 5, 2024

He called for a balance between leveraging new technologies and preserving the integrity and fairness of the arbitration process. In particular, Mr. Paulsson highlighted the need for practitioners to show that they are not profit-driven and profiting from injustice.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 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 68

E-procurement Public Procurement Capacity Sustainability 68

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

Kluwer Arbitration

AUGUST 28, 2024

This approach arguably struck a sensible balance between party autonomy and due process considerations. 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

Contract 52

Contract Balance Import Utilities 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 75

E-procurement Procurement Public Procurement Transparency 75

Kluwer Arbitration

SEPTEMBER 3, 2024

On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries. 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

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

NOVEMBER 3, 2023

In 2012, SANESSOL requested a tariff revision, arguing for the necessity of re-establishing the contractual balance. Background The Appeal was filed by SANESSOL, a company that was awarded a public bid for the provision of sanitation services in the City of Mirassol by the Municipality of the city in 2007. Pursuant to Municipal Decree No.

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Participation Evaluation Bidding Public Bidding 52