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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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.

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Smart Public Procurement for Better Public Spending in Latin America and the Caribbean

Inter-American Development Bank

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.

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SCC Arbitration Institute Explores Security for Costs in International Arbitration

Kluwer Arbitration

Security for costs –– a balancing act Following welcome remarks from Caroline Falconer, Secretary General of the SCC, Dr Baltag introduced the topic of security of costs as being one of the timely topics currently addressed in international arbitration. Cost incentives often drive the participation in arbitral proceedings.

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Navigating Exequatur: The Pro-Arbitration Stance of the Amsterdam Court of Appeal

Kluwer Arbitration

The Court noted that the grounds of fraud (substantive and procedural) arose during the arbitration, but were not raised at that time, as the respondent did not participate in the proceedings and only began to raise them after they had been closed, and the arbitrator had heard, considered, and rejected the arguments for reopening the proceedings.

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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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DIS Conference 2024: Higher, Faster, Further? Drivers of Innovation in Arbitration

Kluwer Arbitration

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?