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Smart public procurement refers to making optimal decisions to minimize waste and enhance the quality, efficiency and sustainability of public spending when purchasing and contracting goods, works and services. Better fiscal balances will contribute to greater macroeconomic stability. What is Smart Public Procurement?
Given this, the efficient enforcement of AML laws is a driving force in preventing illicit activities and deceptive practices within professional sports. Thus, the absence of extensive federal legislation has left sports betting largely unregulated at the national level.
As discussed below a recurring theme was the need to find a balance between having model clauses that were, on the one hand, innovative and likely to lead to faster and more efficient resolution of disputes in practice, while, on the other hand, containing sufficient quality and due process safeguards.
In international arbitration, parties or arbitrators could consider using emotion AI to enhance efficiency and due process (or to gain a strategic and tactical advantage). Although applications are varied, we will focus on two uses: (1) efficiency through facilitating settlement; and (2) due process through ensuring arbitrator attentiveness.
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.
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.
The event opened with a keynote speech on handling complex disputes, followed by panels addressing key topics including diversity in arbitrator appointments, efficiency, the integration of AI, and the evolving challenges of disclosure and confidentiality. Streicher added that mediation could also enhance efficiency.
These included ongoing issues such as poor institutional coordination, lack of transparency, high levels of corruption, and murky lines of accountability. These reforms improved efficiency as the decentralization of the procurement function allowed for quicker decision-making.
Public procurement needs to be more transparent, efficient, and accountable to tackle the major social and economic challenges faced by governments across the world. Software as a Service (SaaS)-based government e-GP systems can offer cost-effective and efficient alternatives.
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.
Among those that do use it, they often resort to generative AI to make internal processes such as marketing more efficient. While AI may improve efficiency and consistency in cases, it cannot grasp subjective issues that permeate arbitration. Drawing from his own experience, he noted that AI cannot replace human reasoning.
Rouven F Bodenheimer, The Tribunal Visualized Approach: Improving Proceedings by Visualized Case Introduction Efficiency in international arbitration has long been contentious, as promised benefits often fail to materialize, leading to user dissatisfaction. Despite ongoing debates and procedural innovations, underlying inefficiencies persist.
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. Embedding ESG into the Procurement processes and strategy.
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”.
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. This will enhance predictability and efficiency in resolving cross-border disputes.
Another focus was the tension between due process and efficiency in arbitration proceedings. 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.
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. of the Paris Agreement.
Professor Garro started the discussion by highlighting that the biggest deficiencies in cost efficiency often come from the lack of experience of lawyers and arbitrators and that hearing the perspectives of all involved in construction cases can improve efficiency.
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.
The new NAI Rules, which had been last revised in 2015 , introduce a number of innovative features and aim to provide for more efficient and expeditious dispute resolution, thereby responding to the needs and increased sophistication of users of international arbitration. 12 May 2023 ). Hetterscheidt, LinkedIn post, February 2024 ).
Brekoulakis’s and Howard’s relativist perspective was shared by other speakers who challenged the traditional view of the arbitrator’s role, questioning whether their primary focus should be on delivering justice or resolving disputes efficiently. Kun Fan discussed how ideas of justice and efficiency may vary with context.
An emerging theme from the Report is the conflict between parties’ desire to not be ‘cut-off at the knees’ when presenting their case and their wish for a more time- and cost-efficient approach to the resolution of their dispute. With this conflict in mind, it may fall on the tribunal to ‘tame’ the evidence.
He called for a balance between leveraging new technologies and preserving the integrity and fairness of the arbitration process. The speakers raised concerns about the high costs and unenjoyable nature of arbitration, suggesting that a system of international national courts might offer a more efficient alternative.
Indeed, remote hearings have increasingly been lauded for their cost and time efficiencies. Importantly, and just as Freedman J has done in Martin v HSF , the decision needs to be an overall balancing exercise as between a party and/or witness’s preference or personal reasons with considerations of fairness to the other party or parties.
Beyond the Bottom Line: Social value prioritises community well-being over just financial efficiency. Contracts that seek to provide energy-efficient solutions and implement waste-minimisation strategies to promote activities with minimal environmental impact.
Australia has internationally recognised commercial courts which deal with their cases quickly and efficiently, serviced by a well-qualified and experienced legal profession charging rates below those charged in comparable jurisdictions within our region. Do you think the balance is right in Australia?
It is noteworthy that the CJEU established a second requirement for an “efficient review.” That is, only courts of an EU member state can meet the CJEU’s standard of an efficient review. However, it is hard to imagine how state courts could conduct the required analyses of compliance with Art.
Efficient Record Management Turning to the second point of the checklist, the panel recalled the importance to have an efficient record management. The perfect profile should be efficiency-driven and arbitrators would benefit from being trained to project management.
The Outside Perspective: Famous German Efficiency? The second panel, chaired by Inka Hanefeld and entitled the “Famous German Efficiency (?) – the Outside Perspective,” further expanded on the outside perspective on international arbitration in Germany. Hence, initial page limits or a prefixed number of witnesses (Annex 3 A.
Mr. Pager shared a more sceptical view on the efficiency of mediation for investor-states disputes. He also praised the balance achieved by the rules taking into consideration both states and investors’ interests. Francisco Grob intervened, acknowledging the comprehensive work conducted by ICSID. We ought to wait and see.
To strike an appropriate balance, SIAC, for its part, has adopted a noteworthy approach – according to one of its practice notes , “the parties are not to bear any fees for the use of an administrative secretary where the amount in dispute is under S$15,000,000” (para.
Six procedures were registered in the first edition, proving this initiative to be efficient. decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. This does not cover field of play matters (i.e.,
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.
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.
However, the focus on delivering a conventional energy business in a value-focused way has led to more disputes due to finely balanced economics and resource shortages. Conclusion As the panel discussion showed, Asia’s energy sector relies on effective dispute resolution procedures to operate efficiently.
The tribunal should be receptive to the parties’ expectation in seeking out additional options that would facilitate more efficient dispute resolution, including increased cost awareness. Lau shared this viewpoint but further underscored that the tribunal’s mandate is shaped by the parties.
The 2024 Rules aim at increasing efficiency, flexibility and transparency of arbitral proceedings conducted under the auspices of the CRCICA. Early dismissal of claims Article 52 of the 2024 Rules introduces early dismissal of claims for a fair and efficient process of resolving disputes in order to avoid any unnecessary delay or expense.
Sharing her expectations from institutions, Tunkel suggested efficiency, experience in accordance with the demands of the case, sector-knowledge, and compatibility with the tribunal as selection criteria. He noted that Draft Provision 12 appears to move away from that balancing act, instead legitimising any form of state regulation.
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
Following our theoretical framework, we also expect transparency effects to unfold over time with many effects arising through the help of stakeholders – journalists picking up stories based on newly available data, buyers learning about procurement markets or bidder finding new opportunities more efficiently.
Brower II’s Investment Treaties in Times of Crisis: Balancing National Interests and the Rule of Law , Loukas Mistelis’ Is Arbitration Changing? The Arbitrator’s Discretion in the Application of the Governing Law , Audley Sheppard’s Arbitration of International Financial Disputes , Lucy Reed’s posts (begin with the one on U.S.
This thus allows for increased efficiency in arbitral proceedings administration and the dispute resolution process, and the achievement of a greater balance between the right of countries to impose sanctions and the sanctioned parties’ rights in international arbitration.
This narrow scope empowers courts to efficiently resolve reviews with established arbitration regulations. There is indeed an important challenge in balancing the inherent right to enforce arbitral awards, an indispensable facet of the international arbitration process, with the nuanced legal terrain the ART is now building up.
The Length and Costs of International Arbitration Proceedings,” addressed issues relating to the efficiency and cost of the arbitration process. Participants discussed institutional appeals processes, and how such processes run against the goal of arbitration to maximize efficiency.
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