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. These will be important points to double down on in our new strategy.

E-procurement 76

E-procurement Public Procurement Capacity Procurement 76

Kluwer Arbitration

OCTOBER 9, 2024

The panelists agreed that diversity is important and that raising awareness among parties could help enhance its consideration. The discussion also addressed the potential tension between diversity and qualification, debating how to balance the two. Confidentiality – Just Another Outdated Concept?

Innovation 52

Innovation Efficiency Balance Quality 52

ivalua

MARCH 16, 2022

Not surprisingly, risk management and cost reduction are considered the most important priorities for Procurement professionals (see image 1). . On the increased importance of managing risk. Balancing the drive for cost-efficiency with the need to innovate. Procurement Priorities. Leaving themselves extremely exposed.

Procurement 52

Procurement Risk Management Supplier Procurement Team 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.

Export 104

Export Supply Chain Manufacturing Participation 104

Kluwer Arbitration

OCTOBER 7, 2024

Nonetheless, the tribunal underscored the importance of proactive conflict disclosures, and advocated for a rigorous assessment to avoid risks associated with non-disclosure and potential ethical concerns. This scenario falls under the Green List, which neither indicates a conflict of interest nor imposes a general duty to disclose.

Ethics 52

Ethics Balance Import Integrity 52

Kluwer Arbitration

MAY 10, 2024

On the issue of limitations of AI, Moloo contributed by noting the importance of human input. 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.

Efficiency 52

Efficiency Innovation Balance Integrity 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.

Balance 52

Balance Manufacturing Corruption IT 52

Kluwer Arbitration

MAY 5, 2024

She highlighted the importance of establishing clear obligations, noting that the Code sets out a non-exhaustive list of “risks of behaviour” which might suggest a lack of independence or impartiality. He observed that for India to pursue its goal of stable economic development, it was important to instil confidence amongst investors.

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

SEPTEMBER 27, 2024

Fernando Marcondes discussed the importance of contract planning, emphasizing that it is essential for pricing and execution. Hemmingsen highlighted the importance of considering case law in the construction’s location, as the definition of damages can vary by country. She cited an ICC case Refinería de Cartagena S.A.S.

Insurance 52

Insurance Price Balance Contract 52

Kluwer Arbitration

AUGUST 10, 2024

This article analyses the new possibility for statutory arbitration clauses in Switzerland and evaluates the importance of the supplemental rules in practice. To restore balance, the commentary advocates for a framework guided by the police powers doctrine, enriched by the principle of proportionality.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

MARCH 2, 2024

However, while seeking to preserve important public policy objectives, de novo review may sometimes lead to inefficiencies and unfairness in the process, contrary to arbitration’s stated goals of obtaining the fair resolution of disputes without unnecessary delay or expense.

Evaluation 52

Evaluation Balance Corruption Efficiency 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. Cultural Bias Relative to Matters of Substance The most important passage in the whole opinion is the one contained in paragraph 314. 158-80, 228-306).

Corruption 40

Corruption Contract Sustainability Import 40

Kluwer Arbitration

AUGUST 15, 2024

Matheus López, A New Conceptual and Applicable Proposal on the Independence and Impartiality of the Arbitrator This article addresses the important issue of the independence and impartiality of the arbitrator. First, I propose a multi-step model that allows us to analyse a specific case.

Efficiency 52

Efficiency Balance Corruption Transparency 52

Kluwer Arbitration

JANUARY 5, 2024

Some of the most appealing developments are discussed below: The Divide Bridged Between the Capital-Exporting and Capital-Importing Countries Toward the end of the 1990s, when the last attempt was made to negotiate the OECD MAI, FDI was exclusively flowing from developed to developing countries. What Are the Challenges in Negotiating MIT?

Negotiation 52

Negotiation Export Import Sustainability 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. Finally, Prof.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

DECEMBER 13, 2024

Another important update in the New Law is the shift from a cumbersome investment license regime to a more straightforward registration process in Article 7. This provision is aimed at ensuring a delicate balance between public interest and investor rights, unlike the Old Law, which offered limited safeguards. Notably, Article 4.1

Balance 52

Balance Corruption Transparency Import 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 panel agreed that standard clauses are simple enough, and should be adapted only when there is a specificity in the case. Lawyers need to be on top on that. How Arbitrators Are Picked?

Import 52

Import Efficiency Negotiation Tender 52

Kluwer Arbitration

OCTOBER 27, 2023

Introduced in 2019, this law emphasized the importance of economic freedom, good faith, and the respect for contracts. That is why the Brazilian Economic Freedom Act might be important after all. They aim to strike a balance between the sanctity of contracts and the flexibility needed in exceptional circumstances.

Contract 52

Contract Balance Negotiation Insurance 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. The panel also stressed the importance of delivering on environmental and cultural commitments in order to build positive relationships and avoid disputes.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

SEPTEMBER 6, 2024

A series of follow-up polls revealed that most participants considered arbitrators to be the most important safeguard of due process, far ahead of state courts. Christophe Seraglini and moderated by Anne Véronique Schlaepfer , discussed the balancing act that arbitrators face in ensuring the right to be heard.

Participation 52

Participation Import Balance Corruption 52

Kluwer Arbitration

JULY 4, 2024

In Freedman J’s view, the disruption to that witness and his work obligations was outweighed by the importance to the administration of justice that he gave evidence in person. Thus, Freedman J considered that fairness in the case required all parties to appear before the court in person.

IT 59

IT Participation Consulting Efficiency 59

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. Ensuring ease of doing business by simplifying bureaucracy and regulations, combating corruption, and advancing research and development.

Import 52

Import Capacity Evaluation Government 52

Kluwer Arbitration

SEPTEMBER 27, 2024

Mr. Vasconcellos stressed the importance of carefully drafting these clauses to avoid interpretative confusion in case of disputes. She emphasized the importance of precise language to avoid ambiguities. Turning to the topic of non-indemnity clauses and indemnity limitation clauses, Ms. Finally, Ms. In her first year as President, Ms.

Sustainability 52

Sustainability Contract Import Buyers 52

Kluwer Arbitration

FEBRUARY 5, 2024

The Indian arbitration bar was waiting for an important judgment of a 7-judge bench of the Indian Supreme Court (“ Judgment ”), which reviewed its own earlier judgment in NN Global Mercantile Private Limited v. This makes the Judgment an important exposition of law in the field of arbitration for India. Indo Unique Flame Ltd.

Import 52

Import Balance Contract Insurance 52

Kluwer Arbitration

APRIL 24, 2024

This conclusion was particularly concerning to Judge Rogers, who pointed out the importance and economic benefits that were vested in arbitration in the aftermath of the Second World War. Second, the court might need to balance the political concerns of sovereign equality and the relationships between the EU and the U.S.

Balance 52

Balance Capacity Government Government 52

Kluwer Arbitration

DECEMBER 8, 2023

Ultimately, it is about finding a balance between giving parties a reasonable (but not exhaustive) opportunity to present their case (and evidence) and resolving the dispute in a time- and cost-efficient way. Finding this balance is far simpler in theory than in practice, as an examination of the different types of evidence reveals.

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 panellists emphasized the importance of a robust legislative framework and the integration of international arbitration standards to attract foreign investment.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 52

Kluwer Arbitration

NOVEMBER 21, 2023

Given the importance of this novel dimension, this article discusses the objectives of the ART, its merits, potential challenges, and its impact on arbitration. To address this ambiguity, it is advisable for parties to explicitly outline the procedure in the arbitration agreement while awaiting clearer case law on this important point.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

OCTOBER 17, 2024

This discussion underscored the critical need for ongoing reform and capacity building, while also highlighting the importance of cultural sensitivity and local engagement. Fiji’s international Arbitration Regime—A Trailblazer? This concludes our coverage of Australian Arbitration Week 2024.

Capacity 52

Capacity Balance Import Corruption 52

Kluwer Arbitration

OCTOBER 13, 2023

The express affirmation in the Amendment Law that the application of non-UAE evidentiary laws may conflict with the UAE’s public policy is an important signal to enforcement courts in the UAE to carefully consider awards where non-UAE evidentiary laws are applied.

Balance 64

Balance Corruption IT Integration 64

Kluwer Arbitration

JANUARY 18, 2024

Assuring a speedy resolution of potential disputes is a very important concern for most parties entering into arbitration agreements. The parties have to make corresponding provisions in their balance sheets and the labour of their employees is utilised for an indefinite period of time.

Balance 52

Balance Corruption Import IT 52

Kluwer Arbitration

FEBRUARY 8, 2024

In its 2022 decision, the BGH found that the GWB’s prohibitions on abusing a dominant or superior market position and on boycott and other anticompetitive practices vis-à-vis other market participants are of essential importance for a functional economy and therefore part of the German ordre public.

Participation 59

Participation Efficiency Balance Corruption 59

Kluwer Arbitration

SEPTEMBER 3, 2024

Soft skills, such as perceiving and responding to implicit cues, are important for fostering an empathetic and responsive dialogue. The importance of this was illustrated by the refusal of the Court of First Instance of Hong Kong (“Court”) to enforce an arbitral award for an arbitrator’s lack of attention.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

JUNE 8, 2024

This ICCA Congress had as its theme “International Arbitration: A Human Endeavour,” which highlighted arbitration as a human activity and the importance of arbitration in human society. Referring to his seminal book ( Dealing in Virtue , 1994), Garth discussed the role and importance of people in developing arbitration.

Influencing 52

Influencing Participation Efficiency Transparency 52

Kluwer Arbitration

NOVEMBER 11, 2023

For example, the tribunal could point out its view on important issues, or the evidence that is required. Kai-Uwe Karl stressed the possibility and importance of redacting arbitral awards. Arbitrators had to know the case when addressing settlement early.

Efficiency 52

Efficiency Transparency Balance Import 52

Kluwer Arbitration

SEPTEMBER 23, 2024

How do you balance the multiple competing demands on your time? The answer of my family and my assistants concerning the balancing would probably be: not very well. So far, it has worked … but there is definitively room for improvement. This interview is part of Kluwer Arbitration Blog’s “Interviews with Our Editors” series.

Supply Chain 52

Supply Chain Supplier Participation Balance 52

Kluwer Arbitration

APRIL 13, 2024

To Cózar, understanding this concept of disruption is of utmost importance since this will guide the scope of the dispute. 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.,

Negotiation 52

Negotiation Efficiency Quality Balance 52