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. The legal framework as well as the creation of procurement oversight agencies led to more accountability, with a clear set of rules as well as checks and balances.

Public Procurement 70

Public Procurement Procurement E-procurement Transparency 70

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. Additional information can be found on the AAAi Lab website. Roundtable Dialogue: Corruption in Arbitration – Have Expectations for an “Interventionist” Tribunal Shifted?

Corruption 59

Corruption Innovation Quality Import 59

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

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

Federal News Network

NOVEMBER 9, 2023

And I think that’s broadly informed by a transition away from what was more or less a unipolar world to one that’s much more multipolar, right. I think the Justice Department has characterized sanctions as the new FCPA, the new Foreign Corrupt Practices Act. It’s getting tremendous attention. It is complicated.

Export 108

Export Supply Chain Manufacturing Participation 108

Open Contracting Partnership

JUNE 4, 2024

For example, provisions in public procurement laws and regulations that do not require publishing information on small procurements hinder transparency and fiscal discipline, creating opportunities for fraudulent practices. New e-GP developments provide an opportunity to adopt OCDS as a backbone data standard.

E-procurement 82

E-procurement Procurement Public Procurement Transparency 82

Kluwer Arbitration

MAY 10, 2024

To gauge the presence of AI in arbitration, the panel conducted an informal survey on the use of AI with 11 arbitral institutions. Hay highlighted common concerns regarding the use of AI, in particular the lack of information and understanding of how algorithms work. As put by McIlwrath, “AI is not going to take your job.

Efficiency 52

Efficiency Innovation Balance Integration 52

Kluwer Arbitration

OCTOBER 9, 2024

The discussion also addressed the potential tension between diversity and qualification, debating how to balance the two. Bucki advocated for a broader approach to efficiency, emphasizing that it should encompass a balance of time, cost, and quality. Confidentiality – Just Another Outdated Concept?

Innovation 52

Innovation Efficiency Balance Quality 52

Kluwer Arbitration

AUGUST 6, 2024

Following the Claimant’s Observations , the Tribunal informed the disputing parties that it decided to reject the request in a letter dated December 31, 2023. ARB/21/63) had ruled on a preliminary objection regarding the scope of Annex 14-C of the United States-Mexico-Canada Agreement (“USMCA”).

Balance 69

Balance Efficiency Corruption IT 69

Kluwer Arbitration

OCTOBER 14, 2023

The panel considered this question against the need to maintain confidentiality and balance competing common and civil law practices. He noted that we must be careful to ensure that AI does not, for example, misrepresent or produce false information, or conduct an arbitrator’s reasoning. Is greater transparency needed for revolution?

Corruption 52

Corruption Transparency Demand Consulting 52

Kluwer Arbitration

AUGUST 25, 2024

This post considers the decision, its implications and practical tips for arbitrating parties to protect confidential information from publication. Further, Mr Goren had not identified any specific confidential information that he sought to protect. Weighing the arguments, the Court found in favour of publication.

Transparency 59

Transparency Purchasing Balance Corruption 59

Kluwer Arbitration

MAY 22, 2024

Under Law 1382, the páramo area shall be identified by the cartographic information provided by the Alexander Von Humboldt Investigation Institute (“Von Humboldt Institute”). 937, which adopted the cartographic information of a 2007 Páramo Atlas to identify and delimit Colombian páramos.

Balance 52

Balance Participation Impact Assessment Thresholds 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

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

MAY 24, 2024

Under Law 1382, the páramo area shall be identified by the cartographic information provided by the Alexander Von Humboldt Investigation Institute (“Von Humboldt Institute”). 937, which adopted the cartographic information of a 2007 Páramo Atlas to identify and delimit Colombian páramos.

Balance 52

Balance Participation Impact Assessment IT 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

OCTOBER 27, 2023

These inevitable occurrences, which are beyond the control of the parties, can fundamentally affect the performance of the agreement, either by rendering its fulfilment untenable (impossibility; force majeure) or disrupting the foundational assumptions that informed the parties’ contractual decisions (supervening imbalance; hardship).

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

AUGUST 15, 2024

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Markus Burgstaller & Dmytro Galagan, Contributory Fault in International Investment Arbitration As a general rule, if a state commits a wrongful act, it is under an obligation to make full reparation for the injury caused.

Efficiency 52

Efficiency Balance Corruption Transparency 52

Kluwer Arbitration

JANUARY 10, 2024

2, item I, to disclose the main information about the arbitral dispute, including its existence, the parties involved, amounts in dispute, assets or rights at stake, main facts, and the reliefs sought by or against the joint-stock company, within 7 (seven) days of the commencement of the proceedings. 80/2022 (“Resolution”), Annex I, art.

IT 52

IT Transparency Balance Corruption 52

Kluwer Arbitration

AUGUST 10, 2024

We are happy to inform you that the latest issue of the journal is now available and includes the following contributions: Adam Tahsin & Marius B. 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

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.

Transparency 52

Transparency Influencing Efficiency Balance 52

Kluwer Arbitration

OCTOBER 7, 2024

Overall, the panel expressed optimism on the practical applications of legal technology and AI, while remaining vigilant about the potential for AI “hallucinations”—which is the generation of inaccurate or fabricated information—and stressed the need to maintain human oversight over technology.

Ethics 52

Ethics Balance Import Integration 52

Kluwer Arbitration

SEPTEMBER 27, 2024

He noted that contracts often lack complete information, sometimes intentionally due to the impossibility of preventing all the issues on major construction projects. The discussions underscored the need for clear legal frameworks and the balance between regulatory intervention and legal security for investors.

Insurance 52

Insurance Price Balance Import 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

Tracker Intelligence

DECEMBER 30, 2024

Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes. Aligning these goals with community priorities and adhering to legal requirements ensures a balanced approach. Spend analytics It is also essential to utilise detailed spending analytics feature.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

The ICC offices in São Paulo report that almost 85% of their total amount in dispute regards cases with Brazilian state entities [fn] As informed by the ICC’s Counsel during the 2022 Brazilian Arbitration Day organized by the ICC in São Paulo, Brazil. [fn]. It’s a fine balance. Out of which, one fifth involve state entities.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

The ICC offices in São Paulo report that almost 85% of their total amount in dispute regards cases with Brazilian state entities [fn] As informed by the ICC’s Counsel during the 2022 Brazilian Arbitration Day organized by the ICC in São Paulo, Brazil. [fn]. It’s a fine balance. Out of which, one fifth involve state entities.

Balance 52

Balance Transparency Contract Tender 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

APRIL 13, 2024

Rovinescu mentioned that witnesses, in general, play a fundamental role in construction disputes, and that counsel often need to control the volume of information and their emotions, particularly when they are deeply engaged in the project. For example, there is plenty of public information regarding investor-State arbitration.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Kluwer Arbitration

DECEMBER 8, 2023

For tribunals to take this desired intervention, Toby Landau KC considered that: counsel must not stoke the ‘due process paranoia’ of tribunals by levelling dubious submissions concerning a lack of due process; more information is needed regarding the prospects of due process challenges; and more “ spine ” is needed from tribunals.

Buyers 52

Buyers Efficiency Balance Influencing 52

Kluwer Arbitration

FEBRUARY 19, 2024

For others, there is a growing risk of disputes as States balance investor obligations with environmental commitments. Despite the uncertainties, the modernization process is perceived as an effort to reform broadly and strike a balance between safeguarding foreign investment and maintaining host state sovereignty.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

JULY 12, 2024

This encompasses being aware of public information and conducting specific investigations if there are grounds for suspicion, though excessive inquiries might hinder the procedure. He noted that Draft Provision 12 appears to move away from that balancing act, instead legitimising any form of state regulation. of the VIAC Rules ).

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

SEPTEMBER 3, 2024

An emotion AI application could not only monitor the main speakers but also reveal valuable information expressed by others present in the room, providing crucial insights that might be missed even by those skilled at ‘reading the room.’ On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries.

Efficiency 52

Efficiency Ethics Negotiation Participation 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. The panel looked at various practical issues such as the admissibility of whistleblower evidence or the leakage of confidential information to the other party.

Participation 52

Participation Import Balance Corruption 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

the quantity and depth of new information) and whether new information is actionable for key stakeholders such as bidding firms; and (ii) the nature of demand for transparency, that is the existence of data users who are willing and able to act upon the information published.

Bidder 40

Bidder Transparency Public Procurement Contract 40

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. In both cases, however, there is a need for careful handling of confidential information including through the use of data rooms.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

JANUARY 18, 2024

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. See here for more information on and other contributions to the Journal. In conventional proceedings – be they court or arbitration proceedings – the end is often hardly foreseeable.

Balance 52

Balance Corruption Import IT 52