Remove Balance Remove Corruption Remove Participation
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Arbitration With Public Entities in Brazil: Must Regulatory Agencies Participate?

Kluwer Arbitration

The STJ decision ruled not only on the possibility – and necessity – of a regulatory agency participating in arbitration proceedings between a concessionary and the relevant state entity but also on the limits of extending the effects of an arbitral award over a non-participating third party. Pursuant to Municipal Decree No.

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2024 PAW: In Search of the Right Balance: The interplay between Human Rights, ESG, Civil Society and Investment Arbitration

Kluwer Arbitration

Therefore, he emphasized the need to find the right balance between the protection of these important public policy goods and promoting and attracting FDI to foster economic development and increase the standard of living. In sum, the main take away of this rich panel discussion was that the right balance must be found.

Balance 52
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Navigating Investor-State Dispute Settlement: Concerns from the Asia-Pacific Region

Kluwer Arbitration

Issues of corruption, investors coming in with unclean hands, as well as investors putting forward inflated claims are also some of the concerns of host states and other stakeholders. In terms of corruption, Prof. Dr. Ong said that there are currently no arbitration rules that define the standard of proof for corruption.

Balance 52
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The 3 revolutions of public procurement in Africa

Open Contracting Partnership

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.

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LIDW 2024: Lawyer (Mis)Behaviour in International Arbitration

Kluwer Arbitration

There is room and necessity to take a de novo look at this discussion, especially considering that there are many new participants in arbitration proceedings comparing to a decade ago. In order to counter-balance this, the tribunal decided to cross-examine one of the parties, in lieu of the opposing party.

Ethics 52
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Global Perspectives on Due Process in International Arbitration: A Short Summary of the 36th Annual ITA Workshop in Austin, Texas

Kluwer Arbitration

Kickstarted by an afternoon of Young ITA events (among them a mock trial session and a debate) and a workshop dinner at a rainy Lake Austin, the Annual Workshop was opened by Tom Sikora , outgoing Chair of the ITA Advisory Board, who welcomed the participants to Austin’s Omni Hotel. Defining the Parameters The first panel moderated by Prof.

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Arbitration Tech Toolbox: Emotion AI: A Game-Changer for Efficiency and Due Process in International Arbitration?

Kluwer Arbitration

Emotion AI tools could be used during a case management conference or hearing to monitor participants’ level of attentiveness, engagement, confusion, and anxiety in real time. In essence, it allows all participants to peep into each other’s ‘heads.’