Kluwer Arbitration

AUGUST 12, 2024

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.

Influencing 52

Influencing Transparency Efficiency Balance 52

Kluwer Arbitration

OCTOBER 14, 2023

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).

Corruption 52

Corruption Transparency Demand Consulting 52

Kluwer Arbitration

JUNE 6, 2024

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.

Ethics 52

Ethics Corruption Balance Transparency 52

Kluwer Arbitration

AUGUST 15, 2024

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.

Efficiency 52

Efficiency Balance Corruption Transparency 52

Kluwer Arbitration

JANUARY 10, 2024

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.

IT 52

IT Transparency Balance Corruption 52

Kluwer Arbitration

AUGUST 25, 2024

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.

Transparency 59

Transparency Purchasing Balance Corruption 59

Kluwer Arbitration

JANUARY 13, 2024

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.

Balance 52

Balance Transparency Negotiation Government 52

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

FEBRUARY 24, 2024

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.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

DECEMBER 4, 2023

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.

Balance 52

Balance Contract Transparency Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

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.

Balance 52

Balance Contract Transparency Tender 52

Kluwer Arbitration

NOVEMBER 15, 2024

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. Follow along and see all of Kluwer Arbitration Blog’s coverage of the XI CAM-CCBC Arbitration Congress here.

Negotiation 52

Negotiation Efficiency Import Integration 52

Open Contracting Partnership

AUGUST 14, 2023

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.

Accountability 52

Accountability E-procurement Transparency Capacity 52

Kluwer Arbitration

OCTOBER 17, 2023

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.

Transparency 52

Transparency Balance Corruption Demand 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

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.

Bidder 40

Bidder Transparency Contract Public Procurement 40

Kluwer Arbitration

SEPTEMBER 3, 2024

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 ).

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

MARCH 2, 2024

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?

Corruption 52

Corruption Ethics Transparency Import 52

Kluwer Arbitration

JUNE 8, 2024

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.

Influencing 52

Influencing Participation Efficiency Transparency 52

Kluwer Arbitration

JANUARY 14, 2024

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.

Transparency 52

Transparency Efficiency Contract Integration 52

Kluwer Arbitration

NOVEMBER 11, 2023

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.

Efficiency 52

Efficiency Transparency Balance Import 52

How to Crack a Nut

MARCH 10, 2023

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’.

Procurement 52

Procurement Public Procurement Ethics Transparency 52

Kluwer Arbitration

JULY 12, 2024

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.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

APRIL 13, 2024

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.

Negotiation 52

Negotiation Efficiency Quality Balance 52

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

OCTOBER 9, 2023

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?

Efficiency 52

Efficiency Balance Management Integration 52

Kluwer Arbitration

FEBRUARY 22, 2024

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.

Negotiation 52

Negotiation Public Private Partnership Insurance Procurement Team 52

Kluwer Arbitration

DECEMBER 14, 2023

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?

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Kluwer Arbitration

DECEMBER 10, 2023

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.

Data 97

Data Balance Transparency Efficiency 97

Kluwer Arbitration

MAY 22, 2024

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.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

MAY 24, 2024

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.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

FEBRUARY 10, 2024

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.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

APRIL 20, 2024

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].

Ethics 52

Ethics Balance Corruption Transparency 52

Kluwer Arbitration

DECEMBER 24, 2023

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?

Quality 59

Quality Management Collaboration Balance 59

Kluwer Arbitration

NOVEMBER 4, 2023

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.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

AWS Public Sector

JULY 31, 2024

Trust and transparency will be prioritized as more data is collected and leveraged. Overall, contractual guarantees, financial transparency, competitive choice and commitments to localized Canadian presence that nurture national talent are crucial to deliver taxpayer value through cloud partnerships while upholding public sector duties.

Data 73

Data Government Government Demand 73