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.

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Balance Corruption Networking Collaboration 90

Inter-American Development Bank

OCTOBER 31, 2024

Smart Public Procurement Can Contribute to Marofiscal Stability Smart public procurement spending can be a critical area for improving fiscal balances because it can improve the effectiveness of public expenditure by reducing waste. Better fiscal balances will contribute to greater macroeconomic stability.

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Public Procurement Procurement Strategic Planning Balance 52

Kluwer Arbitration

NOVEMBER 15, 2024

This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring contractual balance. Methodologies for Restoring the Economic and Financial Equilibrium of Contracts In an panel moderated by Mr. Pedro Martini , the discussion focused on the possibility of restoring contractual balance.

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Media Influencing Balance Transparency 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

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 Confidentiality – Just Another Outdated Concept?

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Innovation Efficiency Balance Quality 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

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 69

Public Procurement Procurement E-procurement Transparency 69

Kluwer Arbitration

OCTOBER 28, 2024

Kosovo Can Seek Compensation for Investor-caused Damages To maintain a balanced relationship between the host state and the investor, Chapter II of the 2024 Law on Sustainable Investments outlines not only the rights but also the obligations of investors.

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Sustainability Balance Negotiation Corruption 98

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”.

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Corruption Transparency Demand Consulting 52

Kluwer Arbitration

NOVEMBER 5, 2024

These grounds typically include lifting: against having procured sufficient security for the creditor’s claim; when formalities have been neglected; when the attachment is manifestly unnecessary; when the claim for which the attachment is levied is evidently without merit; or when a balancing of interest weighs in favor of lifting.

Balance 52

Balance Engineering Procurement IT 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.

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Balance Corruption Manufacturing IT 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

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.

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Balance Efficiency IT Corruption 69

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

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.

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Efficiency Innovation Balance Integration 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.

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Sustainability Corruption Balance Influencing 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

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

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

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

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.

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Kluwer Arbitration

SEPTEMBER 25, 2024

Mason and Elliott both alleged the NPS’s vote was part of a corrupt scheme by the State, with personal involvement from Korea’s then-President Park Geun-hye, to support the Samsung founding family’s control over Samsung, at the expense of public shareholder value.

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Corruption Budget Management 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.

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Export Supply Chain Manufacturing Participation 111

Kluwer Arbitration

SEPTEMBER 27, 2024

She highlighted the relevance of ius variandi in investment arbitrations, where the ability of the state to unilaterally modify contractual terms must be balanced against the need to ensure stability and predictability for investors, thereby safeguarding their legitimate expectations and fostering a favorable investment climate.

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Insurance Price Contract Balance 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

MARCH 2, 2024

P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at the Court of which parts were knowingly false, namely that P&ID had procured the contract with Nigeria through corrupt payments to a Nigerian official.

Corruption 52

Corruption Ethics Transparency Import 52

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

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.”

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Insurance Influencing Import Balance 104

Kluwer Arbitration

NOVEMBER 15, 2024

In Rodrigo’s words, the partnership strikes a balance between confidentiality and transparency, as the CAM-CCBC may publish anonymized decisions if the parties do not authorize the disclosure of the award. Follow along and see all of Kluwer Arbitration Blog’s coverage of the XI CAM-CCBC Arbitration Congress here.

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Negotiation Efficiency Import Integration 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

DECEMBER 4, 2023

It’s a fine balance. Conclusion Much like what happened when Bumble appeared, BRAMIA tilts the power balance back towards the party which often finds itself more exposed, putting them in a more comfortable setting. The state never overplays its political hand, and the judiciary remains arbitration-friendly.

Balance 52

Balance Contract Transparency Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

It’s a fine balance. Conclusion Much like what happened when Bumble appeared, BRAMIA tilts the power balance back towards the party which often finds itself more exposed, putting them in a more comfortable setting. The state never overplays its political hand, and the judiciary remains arbitration-friendly.

Balance 52

Balance Contract Transparency Tender 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.

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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 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.

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Balance Capacity Government 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.

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Balance Capacity Corruption Efficiency 52