Kluwer Arbitration

JUNE 19, 2024

Rivera”) (collectively, the “Claimants”) sought over USD 100 million from the Republic of Panama (“Panama” or the “Government”). The Claimants suggested a test requiring proof of government misconduct contributing to contract terminations. The Tribunal also determined that the Government did not treat other contractors differently.

Corruption 52

Corruption Balance Capacity Contract 52

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. These include: (1) lex contractus ; (2) lex loci arbitri ; (3) the a-national approach; and (4) the validity approach.

Management 52

Management Efficiency Evaluation Balance 52

Federal News Network

NOVEMBER 9, 2023

government is going to be your contracting party and they’ll basically operate as a bit of a middleman between you, the contractor and that foreign government. I think the Justice Department has characterized sanctions as the new FCPA, the new Foreign Corrupt Practices Act. procurement contract. It is complicated.

Export 108

Export Supply Chain Manufacturing Participation 108

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. But governments’ digital transformation of their systems to better achieve these goals are at varying stages of development and maturity.

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 5, 2024

Ever since then, the Indian government has taken a more cautious approach with the 2016 India Model BIT (“India Model BIT”). 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.

Balance 52

Balance Negotiation Sustainability Accountability 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. Let’s kill all the lawyers. ’” ( Nigeria v. Process & Industrial Development , para. On October 23, 2023, in the Federal Republic of Nigeria v. 158-80, 228-306).

Corruption 40

Corruption Contract Sustainability Import 40

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 76

E-procurement Public Procurement Capacity Procurement 76

Kluwer Arbitration

FEBRUARY 24, 2024

Traditionally, investor-state dispute settlement (“ ISDS ”) has not been linked to Environmental, Social, or Governance principles (“ ESG ”). Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. At least not explicitly.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

APRIL 24, 2024

Government to submit its position on the issues raised in the appeal. In appropriate cases (such as here, where foreign policy implications are involved), a court may invite other branches of the government to express their views. Government, represented by the U.S. The Government also argued that the U.S. Here, the U.S.

Balance 52

Balance Capacity Government Government 52

Kluwer Arbitration

JANUARY 13, 2024

Among attendants were academics, practitioners, government officials, and arbitrators, who were later joined by over 50 virtual attendants via Zoom. Mr. Prager noted that the high number of BITs coupled with systemic institutional problems and weak governments has resulted in more cases being brought against states in the region.

Balance 52

Balance Transparency Negotiation Capacity 52

Kluwer Arbitration

DECEMBER 4, 2023

“Corporations have their own global private court system – called ISDS – which they use to bully governments. This process is governed by contracts that incorporate directly or indirectly most aspects of the host State’s regulatory framework, distinguishing it from other countries where these would be extracontractual matters.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

“Corporations have their own global private court system – called ISDS – which they use to bully governments. This process is governed by contracts that incorporate directly or indirectly most aspects of the host State’s regulatory framework, distinguishing it from other countries where these would be extracontractual matters.

Balance 52

Balance Transparency Contract Tender 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 Participation Impact Assessment Thresholds 52

Open Contracting Partnership

AUGUST 14, 2023

Fortunately, Ukraine has a world-beating open government and open data infrastructure that can be leveraged to help address that challenge: we articulated a vision for how this can be done late last year. After the launch, the systems were transferred to the balance of the state in the form of a state-owned enterprise.

Accountability 52

Accountability E-procurement Transparency Capacity 52

Kluwer Arbitration

AUGUST 10, 2024

Given the evolution of arbitral practice during this time, the UK Government in 2021 asked the Law Commission to consider potential amendments to the Act to ensure that it continues to be ‘state of the art’. The Law Commission concluded that wholesale reform of the Arbitration Act was not necessary or desirable in order to achieve that aim.

Balance 52

Balance Evaluation Import Utilities 52

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. Each examined Article 11.1.3

Corruption 52

Corruption Budget Management Balance 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 Participation Impact Assessment IT 52

Kluwer Arbitration

DECEMBER 13, 2024

This provision is aimed at ensuring a delicate balance between public interest and investor rights, unlike the Old Law, which offered limited safeguards. This shift towards inclusivity indicates a clear effort to create a level playing field for all investors, something that the Old Law did not provide as it only governed foreign investments.

Balance 52

Balance Corruption Transparency Import 52

Tracker Intelligence

DECEMBER 30, 2024

Social value is directed toward the broader benefits that procurement and government’s commercial activities can bring to society, the economy, and the environment. By focusing on social value, governments demonstrate accountability and purpose. This is why government agencies are setting sustainability targets for suppliers.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 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 Quality 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. This is because there is still a need to supply conventional energy to ensure energy affordability, security, and sustainability of supply while the energy transition occurs.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

FEBRUARY 10, 2024

In December 2016, the AU passed the Pan African Investment Code (“PAIC”) —the first continent-wide model investment treaty—to promote sustainable development and “achieve overall balance of the rights and obligations between Member States and the investors under the Code.” The cited document is the January 2023 draft version of the Protocol.

Balance 52

Balance Negotiation Thresholds Ethics 52

Inter-American Development Bank

JULY 18, 2024

This has important implications for tax policies currently applied in countries, forcing governments to re-evaluate current tax rates and incentives to attract foreign investments. Second, government may face domestic political opposition against heavier taxation. Strengthening institutions, rule of Law, and protecting property rights.

Import 52

Import Capacity Evaluation Government 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.

Buyers 52

Buyers Balance Price Contract 52

Kluwer Arbitration

OCTOBER 9, 2023

In my interview with Caroline Kenny KC , she expressed that for Australia to continue to progress and establish itself as a renowned arbitration hub, the Australian Government must support the growth of international commercial arbitration in Australia, including by funding ACICA. Do you think the balance is right in Australia?

Efficiency 52

Efficiency Balance Management Integration 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. They also noted the proactive role of the government in promoting arbitration through supportive regulations and public-private partnerships.

Public Private Partnership 52

Public Private Partnership Ethics Efficiency Influencing 52

Kluwer Arbitration

JANUARY 30, 2024

These developments suggest a move towards a more balanced approach between investor rights and states’ environmental duties, potentially leading to significant reforms in investment arbitration, enhancing awareness of its current limitations, especially in addressing climate challenges.

Influencing 59

Influencing Balance Risk Management IT 59

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

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

FEBRUARY 19, 2024

Echoing this sentiment, James McGlaughlin , in his post on how foreign investments might be governed “in a potential ECT lacuna”, envisioned a potential demise of the ECT amid attempts to modernize it. For others, there is a growing risk of disputes as States balance investor obligations with environmental commitments.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

APRIL 1, 2024

The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations. David Bigge, representing the U.S.

Negotiation 52

Negotiation Participation Sustainability Influencing 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

Kluwer Arbitration

OCTOBER 17, 2024

While there have been significant strides in recent years in the promotion of international arbitration in the region (for example, earlier this year Papua New Guinea (“PNG”) adopted laws governing both international and domestic arbitrations; see here and here ), there is room for further reform and capacity building across the region.

Capacity 52

Capacity Balance Import Corruption 52

Kluwer Arbitration

JULY 12, 2024

On this topic, Haugeneder discussed one of the Draft Provisions on Procedural and Cross-cutting Issues and emphasised the need to find balance between the right to property and the right of the state to regulate the use of that property. Smeureanu discussed expropriation protections. Cercel provided an overview of the topic.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

APRIL 13, 2024

Kudrna added that the Czech Republic recently faces new challenges connected with climate change and the developing economies’ balance between compliance with international norms and treaties (e.g., Speakers included Yermek S. International prejudice also comes to mind as a severe challenge when negotiating BITs.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

JANUARY 5, 2024

The last failed attempt was made in April 1998, when governments launched negotiations for a multilateral agreement on investment (MAI) within the Organization for Economic Cooperation and Development (OECD). However, some other governments seem willing to only accept a much lower standard of protection.

Negotiation 52

Negotiation Export Import Sustainability 52