Kluwer Arbitration

APRIL 10, 2025

First, how arbitration engages with criminal lawparticularly the way tribunals handle corruption allegations and other criminal issues that arise during proceedings. ramping up enforcement of the Foreign Corrupt Practices Act (FCPA), triggering high-profile investigations and hefty penalties for cross-border bribery.

Influencing 52

Influencing Corruption Collusion Balance 52

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

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

JUNE 6, 2024

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

Ethics Corruption Balance Transparency 52

Kluwer Arbitration

JULY 4, 2024

taking evidence of one or several witnesses by video, with other participants including the arbitral tribunal and counsel to appear in person) or in full. For example, videoconferencing may permit participants to observe the facial reactions of a witness more closely than in a physical hearing room.

IT 59

IT Participation Consulting Efficiency 59

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 Confidentiality – Just Another Outdated Concept?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

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

JUNE 8, 2024

The first ICCA Congress with recorded participants was held in Rotterdam in 1966, painting a picture of exclusivity and limited access. The 1966 Congress had 131 participants, predominantly from Western Europe, with only three attendees from outside this region—one from Yugoslavia, one from the USA, and one from Romania.

Influencing 52

Influencing Participation Efficiency Transparency 52

Kluwer Arbitration

MAY 22, 2024

In May 2017, the Court issued Judgement T-361 , whereby it declared Resolution 2090 void based on the lack of participation by communities located within the Santurbán Páramo and ordered the environmental authority to issue a new resolution for a broader delimitation of the Santurbán Páramo through a participatory process.

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

Kluwer Arbitration

SEPTEMBER 6, 2024

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.

Participation 52

Participation Import Balance Corruption 52

Kluwer Arbitration

MAY 24, 2024

In May 2017, the Court issued Judgement T-361 , whereby it declared Resolution 2090 void based on the lack of participation by communities located within the Santurbán Páramo and ordered the environmental authority to issue a new resolution for a broader delimitation of the Santurbán Páramo through a participatory process.

Balance 52

Balance Participation Impact Assessment IT 52

Kluwer Arbitration

FEBRUARY 8, 2024

In its 2022 decision, the BGH found that the GWB’s prohibitions on abusing a dominant or superior market position and on boycott and other anticompetitive practices vis-à-vis other market participants are of essential importance for a functional economy and therefore part of the German ordre public.

Participation 59

Participation Efficiency Balance Corruption 59

Kluwer Arbitration

MAY 5, 2024

In this regard, states and stakeholders would have to work on finding a more balanced approach which takes into account public participation, transparency and steps to make it more legitimate in the eyes of public. Where do We Stand?

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

SEPTEMBER 3, 2024

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.’

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

APRIL 1, 2024

The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations. countries, are by far the most vocal participants in the discussions. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

MARCH 20, 2024

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. Provisional measures can be awarded, applying the classic criteria in arbitration of risk of irreparable harm, chances of success and balance of the parties’ interests.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

OCTOBER 27, 2023

They aim to strike a balance between the sanctity of contracts and the flexibility needed in exceptional circumstances. Brunner suggests, parties’ participation in shaping solutions is definitely a better alternative than an outright intervention by adjudicators. This could arguably be considered an intervention by the tribunal.

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

OCTOBER 20, 2023

Ong highlighted the difficulty of certain international lawyers participating in expert preparation, as their local rules do not permit them to do so. Participants discussed institutional appeals processes, and how such processes run against the goal of arbitration to maximize efficiency. Further, Ms.

Ethics 52

Ethics Insurance Participation Import 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 Transparency Contract 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 Transparency Contract Tender 52

Kluwer Arbitration

JANUARY 5, 2024

All states, whether developed or developing, whether member or observer to UNCITRAL as well as governmental organizations, may participate in the deliberations on an equal basis. The WGIII is again a perfect example of such a change.

Negotiation 52

Negotiation Export Import Sustainability 52

Tracker Intelligence

DECEMBER 30, 2024

Governments may collaborate with small and medium-sized enterprises (SMEs) and minority-owned businesses to increase participation. Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

Kluwer Arbitration

NOVEMBER 28, 2023

Under the same rationale a similar principle of in dubio pro investor could have a place in international investment law, given that the foreign investor does not participate in the negotiations of BITs, or the drafting of foreign investment legislation.

Negotiation 59

Negotiation Balance Contract Manufacturing 59

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

NOVEMBER 4, 2023

While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘ SIAC Manila Conference 2023: Deep Dive into Arbitration Trends ’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap the conference attendees at 500 practitioners, government representatives, and in-house counsel.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

NOVEMBER 11, 2023

This preliminary view was further explored through a survey among the conference participants. There was a need for and a benefit in publishing awards ( e.g. , for research purposes), but the right balance between transparency and the right to confidentiality had to be found.

Efficiency 52

Efficiency Transparency Balance Import 52

AWS Public Sector

JULY 31, 2024

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.

Data 75

Data Government Government Demand 75

Kluwer Arbitration

JANUARY 14, 2024

New Tables of the Administrative Fees and the Fees of the Arbitral Tribunal The new figures of the Administrative Fees and the Fees of the Arbitral Tribunal in the 2024 Rules strike a balance between cost effectiveness and maintaining high quality services to best serve the interests of users.

Transparency 52

Transparency Efficiency Contract Integration 52

Kluwer Arbitration

DECEMBER 14, 2023

The Centre has had four editions since 2019, with the fourth being a hybrid event with physical participation in Accra, Ghana. Balancing being Chairman at LACIAC and a Partner at Banwo & Ighodalo has certainly been challenging particularly in the area of time management. in infrastructure projects.

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Kluwer Arbitration

JANUARY 17, 2024

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 13) Telnic at [29]-[32]. ↑ 17 Mobilox at [40]. ↑ 18 At [18]. ↑ 19 I bid.

Thresholds 52

Thresholds Bidding Demand Distribution 52

Kluwer Arbitration

SEPTEMBER 27, 2023

Another focus of the ACICA is the greater participation of women as speakers in conferences. 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

Import 40

Import Balance Corruption IT 40

Kluwer Arbitration

SEPTEMBER 23, 2024

Today the majority of teams have participated in numerous pre-moots either in person or online. 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. Past interviews are available here.

Supply Chain 52

Supply Chain Supplier Participation Balance 52

Kluwer Arbitration

DECEMBER 16, 2024

JCAA aims to strike a balance between efficiency and quality by providing a reasonable amount of scrutiny performed by its secretariat. Lexi Takamatsu (Mori Hamada & Matsumoto, Tokyo) suggested that creativity in the enforcement process is important. who attempted to shield assets from seizure, in a London-seated arbitration.

Transparency 98

Transparency Quality Influencing Import 98

Kluwer Arbitration

NOVEMBER 16, 2024

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.

Balance 52

Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

NOVEMBER 28, 2024

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.

Participation 52

Participation Balance Import Thresholds 52

Kluwer Arbitration

FEBRUARY 14, 2025

This cumulative approach aligns with parties expectations and balances interests across jurisdictions, promoting consistency in outcomes. Modern arbitration practices allow non-parties to engage meaningfully through mechanisms like joinder and consolidation, addressing most concerns about the impact on non-participating parties.

Participation 52

Participation Influencing Balance Corruption 52