This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Smart Public Procurement Can Contribute to Marofiscal Stability Smart public procurement spending can be a critical area for improving fiscal balances because it can improve the effectiveness of public expenditure by reducing waste. Better fiscal balances will contribute to greater macroeconomic stability.
In doing so, it effectively integrated international standards into national law. Kosovo Can Seek Compensation for Investor-caused Damages To maintain a balanced relationship between the host state and the investor, Chapter II of the 2024 Law on Sustainable Investments outlines not only the rights but also the obligations of investors.
P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at the Court of which parts were knowingly false, namely that P&ID had procured the contract with Nigeria through corrupt payments to a Nigerian official. Is More Transparency Necessary to Ensure the Integrity of the Process?
Szabolcs Nagy kicked off the first round of the panel discussion by explaining the EU’s approach towards promoting and enhancing the importance of human rights and ESG, simultaneously to fostering economic development, as an integral part of its trade and investment treaty policy.
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.
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.
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.
Unfortunately ,they often have not been adequately integrated into the design of e-GP systems. Implementation and integration challenges Government entities often lack the strategic vision to harness the full potential of e-GP systems for long-term procurement improvements.
The event opened with a keynote speech on handling complex disputes, followed by panels addressing key topics including diversity in arbitrator appointments, efficiency, the integration of AI, and the evolving challenges of disclosure and confidentiality. Disclosure and Neutrality – How Far is Too Far?
This article therefore discusses the importance of the rule of law in arbitration, evaluating how arbitration already defends the rule of law and provides some thoughts about balancing the rule of law in arbitration to avoid an antithetical outcome. All prospective contributions should be in accordance with the guidelines set out here.
The panel was developed around two key premises: first, that AI is here to stay; and second, that those who are not capable of using and integrating these technologies into their practice might eventually lag behind in the market. As put by McIlwrath, “AI is not going to take your job. It’s people who use AI who are going to take your job.”
Mr Singarajah highlighted the need to find a good balance between this flexibility, which allows arbitral tribunals and lawyers to have enough room to address misconducts, and having enough norms so as to apply a minimum standard.
Plenary Panel III: Technology in Arbitration – Knowledge to Implementation to Integration Moderated by Mr Daryl Chew (Partner, Three Crowns LLP), this session delved into the growing role of technology in arbitration.
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.
While it’s not an arbitrator’s role to take an integrative approach like a mediator or negotiator would, the arbitrator could explore whether the parties have a common underlying interest to settle the dispute amicably. On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries.
They aim to strike a balance between the sanctity of contracts and the flexibility needed in exceptional circumstances. While risk pertains to scenarios where future outcomes can be probabilistically forecasted (and hence insured, mitigated in the contract, and integrated into the economic transaction), uncertainty stands apart.
The UKSC in Tui explained that the rule in Browne v Dunn is “directed to the integrity of the court process itself.” In striking this balance, as acknowledged in Tui , the overriding criterion should be the overall fairness of the arbitration. All errors are those of the author alone.
Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes. Here’s how one can go ahead with it: Policy development Establishing clear policies is fundamental to integrating social value in procurement.
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. 444). 2.
The independence and integrity of the Australian judiciary is beyond question. Many commercial courts also integrate mediation within the dispute resolution services provided. Do you think the balance is right in Australia? What is your view on the relationship between courts and arbitration? Past interviews are available here.
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.
She proposed that institutions encourage arbitrators to disclose potential conflicts and, if necessary, inform parties indirectly or refuse confirmation of the appointment to maintain integrity. He noted that Draft Provision 12 appears to move away from that balancing act, instead legitimising any form of state regulation.
As a point for consideration in the ongoing ISDS reform, Professor Weijia Rao recommended integrating empirical findings from an article on the characteristics of claimants in ISDS, emphasizing the significance of considering users and beneficiaries in the reform process. Yet, it is never an easy job.
The vision is to go beyond supporting “just” a transparency and reporting portal to have a digital ecosystem that integrates real-time damage assessments, budgets, project planning, procurement and delivery. After the launch, the systems were transferred to the balance of the state in the form of a state-owned enterprise.
Indeed, while the prohibition relating to bodies with supervisory or controlling authority over the cases registered within the arbitral institution is a necessary safeguard, the Amendment Law fails to strike the ideal balance between meaningfully protecting the parties’ interests versus their autonomy to appoint arbitrators of their choice.
101, 102 TFEU are an integral part of the fundamental public policy ( ordre public ) of the EU. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190
The IACtHR is examining how states’ human rights obligations intersect with climate change impacts, particularly regarding the rights to life and personal integrity. 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.
In addition, several provisions of the Practice Notes section of the 2011 Rules have now been integrated into the 2024 Rules. The 2024 Rules integrate contemporary practices and technological advancements to improve the arbitration process’ efficiency, transparency, and flexibility.
In 2020, while reviewing its suite of rules, LACIAC’s intention was to cater to unique disputes and as such it expanded its suite of rules to include Adjudication Rules, Expert Determination Rules , a dispute resolution for MSMEs (the Integrated Dispute Resolution Scheme ) and a protocol for virtual proceedings.
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.
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.
There is indeed an important challenge in balancing the inherent right to enforce arbitral awards, an indispensable facet of the international arbitration process, with the nuanced legal terrain the ART is now building up. The intricacies of limiting enforcement rights during the ART proceedings are vast and multifaceted.
In spite of such major policy developments, we still lack the specific and rigorous evidence on the impact of transparency interventions and which types of transparency matter for which actors to support desirable societal outcomes such as high quality public services, procedural justice or public sector integrity (Bauhr et al, 2019).
Minister Shanmugam, SC noted the current issue of balancing States’ needs for regulatory space in protection of their sovereignty and public interest on the one hand and the protection of foreign investors on the other hand. The conversation then shed light on the challenges faced with the investor-State dispute settlement (“ISDS”) mechanism.
From this narrow perspective, procurement would be primarily concerned with ensuring the integrity and probity of decision-making processes involving the management of public funds, as well as fostering the generation of value for money through effective reliance on competition for public contracts.
Workers should also mitigate vendor lock-in that could reduce future competitiveness for public sector deals, analyze total cost of ownership against multi-year budgets, and factor support for domestic innovation ecosystems into procurement decisions to balance globally leading solutions with national economic interests.
Mr. Ocampo integrated the discussion of other panelists to come up with certain characteristics of technology disputes. Yu addressed recent innovations and proposed changes in ISDS arbitration to restore the public nature and enhance the effectiveness of the ISDS mechanism while considering a more fair and balanced procedural framework.
This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring contractual balance. In this context, the arbitration community must be cautious about gossip, since the readers love it but undermines the integrity of the process. The final panel of the day, moderated by Ms.
These features, often enabled by default, adjust brightness, contrast, and colour balance without user input, potentially altering the original appearance of the footage. This dependency can lead to complacency in verifying the integrity of the evidence.
The Lahore High Courts recent judgment in SpaceCom International, LLC v Wateen Telecom Ltd 2024 LHC 5494 (SpaceCom) is a landmark pronouncement that seeks to establish a balanced and principled interpretation of the New York Convention (the Convention).
She concluded that the District Court’s decision was reasonable because it balanced the U.S. The Appellate Court trod carefully between the need to maintain the balance between the existing arbitral enforcement framework of the ICSID and the New York Convention and the considerations of international comity. jurisdiction.
In Rodrigo’s words, the partnership strikes a balance between confidentiality and transparency, as the CAM-CCBC may publish anonymized decisions if the parties do not authorize the disclosure of the award. In her words: the party who wins the case is the one who knows the file best.
34(2) of the Commercial Arbitration Act on the ground that the tribunal exceeded its jurisdiction by failing to determine the element of causation required to award Clayton damages on the balance of probabilities standard, which it alleges the tribunal was required to apply. The challenge in question was brought before the SCJ under s.34(2)
During its 57th session, the Commission recommended that all States and regional economic integration organizations participate in preparatory work using informal means. 126-27), it will be crucial for stakeholders to maintain inclusive and transparent dialogue to build a more balanced and effective ISDS system. Angela Ray T.
We organize all of the trending information in your field so you don't have to. Join 5,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content