Kluwer Arbitration

APRIL 2, 2024

On its part, the Respondent raised several objections to the jurisdiction of the Tribunal, specifically pointing to several instances of corrupt and illegal acts allegedly committed by Worley at the making and during the operation of the investment. Worley may have willfully failed to monitor and investigate Tecnazul’s corrupt activities.

Corruption 40

Corruption Bidding Balance Public Procurement 40

Kluwer Arbitration

DECEMBER 16, 2023

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.

Balance 52

Balance Innovation Consulting Efficiency 52

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 Thresholds 97

Kluwer Arbitration

JUNE 9, 2024

The Court considered that “the suggestion that it was unnecessary to call any expert witnesses was plainly not an expression of a balanced and impartial view, or merely a concern about the hearing over-running, or an attempt by the arbitrator to impose an orderly and economical procedure on the parties.”

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

JULY 14, 2024

The wide-ranging program covered cutting edge technological innovations and timeless human considerations such as persuasion, corruption, and disability inclusion. He acknowledged the importance of minimizing corruption and improving rule of law but noted that the data suggests that they are not strictly necessary.

Corruption 59

Corruption Innovation Quality Import 59

Kluwer Arbitration

JUNE 19, 2024

Additionally, the Claimants claimed that Panama’s actions included a smear campaign, which involved a criminal investigation into corruption allegations against Mr. Rivera, damaging his global reputation. The Corruption Investigation The Claimants contended that Panama’s criminal investigation was not genuine.

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. Such an approach would align the Australian position with international standards.

Management 52

Management Efficiency Evaluation Balance 52

Kluwer Arbitration

DECEMBER 14, 2024

Important discussions on international arbitration are formulated at an ever-increasing number of conferences, symposia, and events; keynote addresses set out thought-provoking proposals; the number of journals and reviews specializing in international arbitration has greatly proliferated; and even online blogs produce short yet interesting posts.

Management 52

Management Corruption Negotiation Import 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 110

Export Supply Chain Manufacturing Participation 110

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

How to Crack a Nut

NOVEMBER 17, 2023

The importance and positive contribution of public procurement law to the adequate management of public funds may seem difficult to appreciate in ordinary times, and there are recurrent calls for a reduction of the administrative burden and bureaucracy related to procurement procedures, checks and balances.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

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

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 Import 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 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

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

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

FEBRUARY 19, 2024

The analysis underscored that eliminating ISDS “could potentially deprive small or medium-sized firms—who, as the data indicates, are the primary users of ISDS and use it primarily to obtain financial compensation—of an important avenue for redress” and might not effectively address the regulatory chill issue. Yet, it is never an easy job.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

JULY 12, 2024

Stefan Deaconu (Court of International Commercial Arbitration, the Chamber of Commerce and Industry of Romania) emphasised the importance of maintaining trust in the arbitral process, tracing back to ethics, legitimacy, and personal reputation. of the VIAC Rules ). Smeureanu discussed expropriation protections.

Ethics 52

Ethics Balance Import Thresholds 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