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. Beyond the corruption, one can think of another reason why Nigeria’s defence during the arbitration was abysmal. Let’s kill all the lawyers. ’” ( Nigeria v.

Corruption 40

Corruption Contract Sustainability Import 40

Kluwer Arbitration

FEBRUARY 24, 2024

Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. By embedding these principles in IIAs, States are creating a legal foundation that can balance investor rights with the urgent need for environmental protection and social equity.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

SEPTEMBER 27, 2024

She highlighted the relevance of ius variandi in investment arbitrations, where the ability of the state to unilaterally modify contractual terms must be balanced against the need to ensure stability and predictability for investors, thereby safeguarding their legitimate expectations and fostering a favorable investment climate.

Insurance 52

Insurance Price Contract Balance 52

Kluwer Arbitration

JUNE 8, 2024

Although advisory opinions are non-binding, they are intended to influence domestic and international litigation. Balancing the interests of investors and host states has become a focal point in these disputes, especially with the rising public scrutiny over climate change issues.

Influencing 52

Influencing Balance Negotiation Corruption 52

Kluwer Arbitration

JUNE 5, 2024

Paulsson further emphasized the need to maintain ethical standards and avoid the pitfalls of professionalizing arbitration too much, which could lead to a system where decisions are influenced by factors other than merit.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 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

SEPTEMBER 27, 2024

Professor Armesto highlighted the 2015 Paris Agreement (also reported here ), noting the difficult position of Latin American countries that must balance infrastructure development with environmental protection. In closing, Professor Armesto predicted that arbitration would become increasingly influenced by climate change concerns.

Sustainability 52

Sustainability Contract Import Buyers 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities. It’s a fine balance.

Balance 52

Balance Contract Transparency Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities. It’s a fine balance.

Balance 52

Balance Contract Transparency Tender 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 Balance Participation 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.

Efficiency 52

Efficiency Buyers Balance Influencing 52

Kluwer Arbitration

JULY 12, 2024

First, the panelists discussed the concept of “controlling influence”, which, as Dobrý pointed out, varies in practice, and is not limited to structural ownership and can manifest via the exercise of veto power or the power to appoint board members. Smeureanu discussed expropriation protections.

Ethics 52

Ethics Balance Import Thresholds 52

Inter-American Development Bank

JULY 18, 2024

The choice seems easy to make, as it tends to increase domestic resource mobilization, but the revenue expected needs to be balanced with the cost of administering the complexity and increasing data processing demand of a global tax, requiring investments in technology and capacity building inside their tax administrations.

Import 52

Import Capacity Evaluation Government 52

Kluwer Arbitration

APRIL 13, 2024

The second panel, “ TechTalk: Unraveling the Tapestry – AI’s Influence on International Arbitration”, included Luke Sobota ( Founding Partner, Three Crowns LLP), Nilufar Hossain (Investment Manager and Legal Counsel, Omni Bridgeway), Rachel Thorn (Partner, Cooley LLP), and Marco de Sousa (Senior Associate, Herbert Smith Freehills LLP).

Negotiation 52

Negotiation Efficiency Quality Balance 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. And there are attributes or properties influencing the interpretability of a model (eg clarity) for which there are no evaluation metrics (yet?).

Procurement 52

Procurement Public Procurement Ethics Transparency 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

MARCH 20, 2024

The panel however agreed that a good balance is to be found, first because not everything should be recorded, but also because a too strict or inefficient record management can lead to a considerable loss of time and productivity. Prior experience of handling an arbitration as a presiding arbitrator can also be a decisive criterion.

Import 52

Import Efficiency Negotiation Tender 52

Open Contracting Partnership

AUGUST 14, 2023

VIktor Nestulia Head of DREAM Project Office This led to the formation of the RISE Ukraine Coalition, which at its inception united more than 20 Ukrainian organizations working on open government and anti-corruption reform. 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

NOVEMBER 21, 2023

The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals. These grounds may be described broadly as jurisdictional, due process, and public policy.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

DECEMBER 15, 2023

The divergent conclusions reached in these decisions invite an analysis of the principled bases of this remedy and how they influenced their outcomes. The divergent outcomes may be attributable to a difference in emphasis as to how those principles were conceptualised and balanced.

Influencing 52

Influencing Balance IT Corruption 52

Kluwer Arbitration

SEPTEMBER 29, 2023

Conversation on the Geopolitics of International Commercial and Investor-State Arbitration The conversation between Ms Lucy Reed (President, SIAC Court of Arbitration) and Minister Shanmugam, SC canvassed the geopolitical state of play and its influence on international commercial and investor-State arbitration.

Supply Chain 40

Supply Chain Innovation Accountability Influencing 40

Kluwer Arbitration

OCTOBER 20, 2023

The panel cautioned, however, that practitioners must balance the use of such technology with their professional obligations. Impartiality in Arbitration: Perspectives and Risks of a Party-Appointed Arbitrator The first panel discussed the power of practitioners engaged in arbitration to influence the composition of the tribunal.

Ethics 52

Ethics Insurance Participation Import 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

We balanced these considerations for and against applying a longer time-frame by selecting one year before and after the transparency intervention which limits the incidence of confounding factors while also taking care of seasonality biases. However, the average number of received bids increases by 0.5

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

Kluwer Arbitration

JANUARY 30, 2024

In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This gap would need to be filled by a combination of international, regional, and domestic legal frameworks that are layered to balance risk management and investment protection.

Influencing 59

Influencing Balance Risk Management IT 59

Kluwer Arbitration

APRIL 1, 2024

Mehranvar noted that these observations underscore a concerning trend where countries with greater influence in the creation of the ISDS regime are once again re-writing the (asymmetric) rules, paving the way for the re-legitimization of an inherently flawed system. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 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

Kluwer Arbitration

NOVEMBER 4, 2023

SIAC appears to be on the frontlines of influencing this progress, having administered cases involving 169 parties from the Philippines with a total sum in dispute in excess of SGD 5 billion in the last five years. Gloria Lim , CEO of SIAC, and Ms. The author is currently a Legal Counsel for renewable energy projects at ACEN Corporation.

Purchasing 52

Purchasing Participation Efficiency Influencing 52