Kluwer Arbitration

AUGUST 15, 2024

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.

Efficiency 52

Efficiency Balance Corruption Transparency 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.

Media 52

Media Influencing Balance Transparency 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

OCTOBER 7, 2024

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.

Ethics 52

Ethics Balance Import Integration 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. These reforms improved efficiency as the decentralization of the procurement function allowed for quicker decision-making.

Public Procurement 70

Public Procurement Procurement E-procurement Transparency 70

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. This will enhance predictability and efficiency in resolving cross-border disputes.

Influencing 52

Influencing Transparency Efficiency Balance 52

Open Contracting Partnership

JUNE 4, 2024

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.

E-procurement 82

E-procurement Procurement Public Procurement Transparency 82

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

NOVEMBER 15, 2024

She posed thought-provoking questions on how arbitrators should contribute to efficient dispute resolution. During the speech, Edna discussed several key efficiency measures that, although admittedly not groundbreaking, if implemented continuously and correctly, can shape the future of arbitration.

Negotiation 52

Negotiation Efficiency Import Integration 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

FEBRUARY 29, 2024

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 ).

Efficiency 52

Efficiency Sustainability Quality Management 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. Embedding ESG into the Procurement processes and strategy.

Procurement 52

Procurement Risk Management Supplier Procurement Team 52

Kluwer Arbitration

JUNE 8, 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.

Influencing 52

Influencing Participation Efficiency Transparency 52

Kluwer Arbitration

APRIL 13, 2024

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.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

DECEMBER 8, 2023

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.

Efficiency 52

Efficiency Buyers Balance Influencing 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. 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.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 52

Kluwer Arbitration

MARCH 20, 2024

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.

Import 52

Import Efficiency Negotiation Tender 52

Kluwer Arbitration

JULY 4, 2024

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.

IT 59

IT Participation Consulting Efficiency 59

Kluwer Arbitration

OCTOBER 9, 2023

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?

Efficiency 52

Efficiency Balance Management Integration 52

Kluwer Arbitration

NOVEMBER 11, 2023

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.

Efficiency 52

Efficiency Transparency Balance Import 52

Kluwer Arbitration

MARCH 20, 2024

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.,

Corruption 52

Corruption Participation Import Thresholds 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

JANUARY 13, 2024

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.

Balance 52

Balance Transparency Negotiation Government 52

Kluwer Arbitration

FEBRUARY 8, 2024

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.

Participation 59

Participation Efficiency Balance IT 59

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

OCTOBER 15, 2024

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.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

JANUARY 14, 2024

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.

Transparency 52

Transparency Efficiency Contract Integration 52

Kluwer Arbitration

OCTOBER 17, 2023

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.

Transparency 52

Transparency Balance Corruption Demand 52

Kluwer Arbitration

JULY 12, 2024

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.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

APRIL 3, 2024

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.

Influencing 52

Influencing Balance Import Capacity 52

Kluwer Arbitration

NOVEMBER 21, 2023

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.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

OCTOBER 20, 2023

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.

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

DECEMBER 14, 2023

Balancing being Chairman at LACIAC and a Partner at Banwo & Ighodalo has certainly been challenging particularly in the area of time management. You have been the Chair of LACIAC for the past three years while simultaneously continuing your role as an active partner in a prestigious practice in Nigeria.

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Kluwer Arbitration

JANUARY 17, 2024

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 13) Telnic at [29]-[32]. ↑ 17 Mobilox at [40]. ↑ 18 At [18]. ↑ 19 I bid.

Thresholds 52

Thresholds Demand Bidding Distribution 52

How to Crack a Nut

MARCH 10, 2023

This creates a regulatory gap —or rather a laissez faire environment—whereby the public sector is allowed to experiment with the adoption of digital technologies without clear checks and balances. The current strategy is by and large one of ‘experiment first, regulate later’.

Procurement 52

Procurement Public Procurement Ethics Transparency 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

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.

Bidder 40

Bidder Transparency Contract Public Procurement 40

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