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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.
It should then not be surprising that the possibility that artificial intelligence (AI) could ‘change the rules of the game’ (eg Santiso, 2019 ) and bring procurement corruption to an end is receiving significant attention.
Public procurement needs to be more transparent, efficient, and accountable to tackle the major social and economic challenges faced by governments across the world. Transparency on legal and regulatory frameworks To make e-GP systems work effectively, it’s essential to have supportive legislative arrangements in place.
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.
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.
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. The Sorcerer’s Apprentice – Only Upsides to AI in Arbitration?
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. In addition, lists of arbitrators and specialists with expertise in climate change-related fields of knowledge can be made available.
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. Justice Knowles suggested that there might be an area where transparency can play a role.
GTI-WP/2020:01, Budapest: Government Transparency Institute. It establishes a robust methodology to explore what impacts can be measured and also explores the channels through which transparency is indeed impactful – e.g. who are the stakeholders and enablers that are the actual drivers of change using increased transparency.
The Trivis method counters inefficiency by enhancing clarity and transparency through visual aids, fostering the cooperation and confidence in arbitration that is crucial for improving efficiency in international dispute resolution. First, I propose a multi-step model that allows us to analyse a specific case.
The goal is to ensure transparency in class arbitration proceedings involving stock market investors, corporations, officers, and major stakeholders (“Securities Disputes”), seeking to further protect the investors’ interests. 2.925/2023 (“ Bill ”) is intended to amend federal law no. 27-H in the Law no.
These were the public interest in: (i) the operation and practice of arbitration; and (ii) the desirability of public scrutiny as a means by which confidence in the courts can be maintained and the administration of justice made transparent.
This provision is aimed at ensuring a delicate balance between public interest and investor rights, unlike the Old Law, which offered limited safeguards. With its emphasis on transparency, fairness, and inclusivity, the law aims to attract both regional and international investors. Notably, Article 4.1
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?
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.
He also praised the balance achieved by the rules taking into consideration both states and investors’ interests. Jana introduced the subject pointing out that the ICSID made public consultations on its new rules, allowing all stakeholders to comment on the amendments. We ought to wait and see.
Transparent criteria for evaluating social value proposals allow for fair competition among suppliers while keeping them liable for their commitments. Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes.
Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. By embedding these principles in IIAs, States are creating a legal foundation that can balance investor rights with the urgent need for environmental protection and social equity.
On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries. Robust data protection measures, transparency, adherence to local, national, and international laws, and a mechanism for challenging outcomes are needed (see e.g., the European Union’s Artificial Intelligence Act ).
A solution that was consistently raised as key to making arbitration more welcoming to human subjectivities was to make it more transparent and predictable. Enhancing Human Capabilities Speakers discussed the balance between the need for efficiency and speed in proceedings and the limitations of the human mind and cognition.
The 2024 Rules aim at increasing efficiency, flexibility and transparency of arbitral proceedings conducted under the auspices of the CRCICA. The 2024 Rules integrate contemporary practices and technological advancements to improve the arbitration process’ efficiency, transparency, and flexibility.
Finally , the law encourages the publication of awards with the agreement of the parties to increase transparency. 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.
Sobota affirmed that a big concern about the use of AI is precisely “the black box effect”, i.e., the lack of transparency on the sources and operations of generative AI. As such, Bosnia needs to protect itself when negotiating an agreement, and the biggest challenge is balancing and aligning political interests.
Do you think the balance is right in Australia? However, most arbitral institutions are moving towards greater transparency in the publication of awards, subject of course to the protection of party confidentiality, which is an essential feature of arbitration. What is your view on the relationship between courts and arbitration?
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.
When dealing with the latter, questions of transparency and the extent to which the arbitration will be private come into play. It’s a balance. André Tan Oh highlighted a further nuance: arbitrating against an entity which is state-run and publicly listed, versus fighting the administration itself.
The LACIAC Adjudication Rules were established to provide a quick, fair and transparent process for the interim resolution of disputes in projects of significant duration such as construction contracts. What was the motivation behind adopting the Rules and how do they improve upon the previously existing options?
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?
Is greater transparency needed for revolution? The panel considered this question against the need to maintain confidentiality and balance competing common and civil law practices. This sentiment expresses the importance of this topic, one that captured the lively discussion of the panel, moderated by Jurgita Petkute (KNOETZL).
The tribunal stated Colombia acted transparently, publicizing the páramo delimitation, to the point that Red Eagle itself took the chance to participate in such delimitation. The investor should have known that laws are subject to constitutional control in Colombia.
The tribunal stated Colombia acted transparently, publicizing the páramo delimitation, to the point that Red Eagle itself took the chance to participate in such delimitation. The investor should have known that laws are subject to constitutional control in Colombia.
Transparency is the general rule in all arbitrations with state parties. It’s a fine balance. Conclusion Much like what happened when Bumble appeared, BRAMIA tilts the power balance back towards the party which often finds itself more exposed, putting them in a more comfortable setting.
Transparency is the general rule in all arbitrations with state parties. It’s a fine balance. Conclusion Much like what happened when Bumble appeared, BRAMIA tilts the power balance back towards the party which often finds itself more exposed, putting them in a more comfortable setting.
She emphasized that the European Parliament’s priority is to make sure that AI systems used in the EU are safe, transparent, traceable, non-discriminatory, and environmentally friendly. More coverage from Hong Kong Arbitration Week is available here.
This creates a regulatory gap —or rather a laissez faire environment—whereby the public sector is allowed to experiment with the adoption of digital technologies without clear checks and balances. The current strategy is by and large one of ‘experiment first, regulate later’.
Readers may want to go back to the early years of the Blog and read the excellent posts of Alexis Mourre ( see for example, Conflicts of Interest: Towards Greater Transparency and Uniform Standards of Disclosure? ), Jan Paulsson (begin with Are Unilateral Appointments Defensible? ), Laurent Lévy’s Jura Novit Curia?
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.
On this point, Karel emphasised the different institutional approaches towards increasing transparency vis-à-vis arbitrator appointments, with counsel being responsible for learning the practice of each institution. Smeureanu discussed expropriation protections.
In December 2016, the AU passed the Pan African Investment Code (“PAIC”) —the first continent-wide model investment treaty—to promote sustainable development and “achieve overall balance of the rights and obligations between Member States and the investors under the Code.” See e.g., PSEG v Turkey , ICSID Case No.
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. These include creation of Code of Conduct for Arbitrators, the advocate mechanism, and enhanced due process.
It was held that unilateral arbitrator appointments undermine this principle, tilting the balance in favour of the appointing party. Ultimately state-owned entities must recognise the public interest in fostering a fair and transparent process in all procedural aspects of arbitration.
JCAA aims to strike a balance between efficiency and quality by providing a reasonable amount of scrutiny performed by its secretariat. However, it is essential to maintain accountability and transparency, as well as careful oversight. Enforcement as an Element of the User Experience The subsequent panel was moderated by Ms.
This was followed by a panel led by Mr. Pedro Martini, which focused on the possibility of restoring contractual balance. He emphasized that transparency is beneficial and can help combat fake news, thereby legitimizing the arbitration process. Niamh Leinwather , discussed the media’s influence on arbitration. Similarly, Ms.
The other group suggested enhancements and more pronounced checks and balances of the existing arbitration system. Many were keen to forecast the end of ISDS in the short term or at least the gradual phase-out of investment treaty arbitration. All information regarding the 2024 Essay Competition is published on the Review ’s website, [link].
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