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

Kluwer Arbitration

APRIL 9, 2025

This is a missed opportunity, especially when considering that one of the primary goals of arbitration is to resolve disputes efficiently and cost-effectively. 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.

Ethics 52

Ethics Quality Import Thresholds 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

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

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

Kluwer Arbitration

MAY 10, 2024

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.

Efficiency 52

Efficiency Innovation Balance Integrity 52

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

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

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

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 Integrity 52

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. of the Paris Agreement.

Finance 52

Finance Sustainability Balance Export 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 ).

Sustainability 52

Sustainability Efficiency Quality Management 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

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.

Buyers 52

Buyers Efficiency 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 Ethics Efficiency Influencing 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

Tracker Intelligence

DECEMBER 30, 2024

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.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 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

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 Integrity 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 Corruption 59

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

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

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 Capacity 52

Kluwer Arbitration

NOVEMBER 9, 2023

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.

Balance 52

Balance Corruption Quality Efficiency 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

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

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

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

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

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 Integrity 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

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

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 Public Procurement Contract 40

Kluwer Arbitration

DECEMBER 24, 2023

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.

Quality 59

Quality Management Collaboration Balance 59

Kluwer Arbitration

NOVEMBER 4, 2023

All of the panelists emphasized the importance of using model clauses provided by reputable arbitral institutions, such as SIAC, to ensure efficiency and completeness of procedural requirements, instead of drafting from scratch. Mario Valderrama , who serves as General Counsel in the Philippine Construction Industry.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

AWS Public Sector

JULY 31, 2024

Workers should also mitigate vendor lock-in that could reduce future competitiveness for public sector deals, analyze total cost of ownership against multi-year budgets, and factor support for domestic innovation ecosystems into procurement decisions to balance globally leading solutions with national economic interests. The AWS Cloud is 3.6

Data 75

Data Government Government Demand 75