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As part of Paris Arbitration Week 2025 , ESSEC Business School hosted a roundtable discussion on The Growing Influence of Criminal Law in International Arbitration. These are powerful tools, which must be balanced with practical and procedural considerations, such as cost, time, and due process concerns.
The latter groups have a strong influence on the priorities to be realized and the time frames for their delivery. Author: Larry Berglund As part of the assessment on the ability of a supply chain department to deliver value effectively , is its ability to do so efficiently. Good but a slight drop in the ROSMA score.
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.”
These “socio-technical” risks are left to the expertise and professionalism of teachers, and the underpinning institutional educational values—which can be monitored and perhaps influenced by parents and other groups. So maybe this is nothing new. Can we just rely on what we know to make procurement work as well as possible?
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.
In our recent publication, Asymmetric Sovereign Risk: Implications for Climate Change Preparation , we explore how perceptions of climate risk influence sovereign spreads across countries with varying economic conditions. To learn more how the IDB works with governments to strengthen their fiscal balances visit our Fiscal Management page.
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.
Three important variables worth highlighting are borrowing costs, primary balances, and exchange rates. The Effects of Inflation on Primary Balance The impact on the primary balance, which reflects the government’s ability to generate surpluses or reduce deficits, also differs between demand and supply shocks.
government is the largest purchaser in the world, significantly influencing the purchasing landscape. Balancing competitive pricing with maintaining profitability is critical when bidding on government contracts. Not bidding on government jobs means missing out on a major avenue for new customers and revenue.
Will businesses go backwards due to necessity and survival or will they step up and push forward to go further and faster to achieve the right balance? On the business side, it may question the raison d’être and bring focus to finding the right balance between society, the environment and the economy. Balancing the Imbalanced.
EdTech leaders must strike the right balance of investment to drive growth, and a return on investment for their owners. Visibility into ‘unit costs’ (for example, the cost-per-student of a solution) helps budget and product owners demonstrate a connection between the demand for an application and how this demand influences cost.
The impact of all of that is that organizations are actively creating geographical supplier diversity within their supply chains, to strike a better balance between cost reduction and agility,” he said. We need to be agile, because there will always be disruptive forces in the marketplace that challenge organizations.”. Next Steps.
The experience with the implementation of fiscal rules in Latin America and the Caribbean (LAC) shows that compliance with fiscal rules is far from perfect, and understanding the multiple factors that influence compliance is key to enhance the effectiveness of this instrument to promote the sustainability of public finances.
It is an old story, but new versions keep happening. A high-level military official negotiates with a contractor. He seeks employment, leaves the government, and joins the contractor. He may not have a conflict of interest, but if it looks like he does, that’s trouble. Tom Temin Right? Zach Prince Yeah, he did.
In this context, he pointed out that the extent to which parties are prepared to fund the arbitration process (“ which price they are willing to pay” ) can significantly influence the tribunal’s ability to thoroughly address the complexities of the case. The Sorcerer’s Apprentice – Only Upsides to AI in Arbitration?
Over the past two decades, a growing number of Latin American and Caribbean (LAC) countries began adopting fiscal rules to limit overspending influenced by election cycles, public pressure, and other political economy factors, helping the region strengthen its fiscal solvency and sustainability.
Planning Ahead Agencies must anticipate what constituents may need next week or year, and how services provided today will influence lives in 10 to 15 years, he said. Program areas that typically include generalist employees should anticipate when experts are needed, so there’s a way to balance staffing, for instance. “As
Cognitive diversity is what the federal government needs to balance speed and risk in today’s disruptable, tech-dependent world. When your organization is faced with a challenge, seek out diverse stakeholders and influencers to be part of the solution. In federal IT, we talk a lot about the speed of innovation and how to keep up.
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.
Business decisions have been influenced by the theory of the Invisible Hand. Any model which is primarily profit-based from a Supply side needs to be effectively balanced by the Demand side. We all should take responsibility to act within our sphere of influence.
Panama’s decision to terminate a contract was influenced by the Claimants’ failure to provide the necessary operational expenses to support their change order requests. In the 2022 case of Omega Engineering LLC and Oscar Rivera v. Republic of Panama (ICSID Case No.
and Gabriella Palmieri (Italian Attorney General) highlighted the complex interaction between international, transnational and national law, and they agreed on the need to find a balance between environmental protection and economic competitiveness. and under the auspices of ICCA and ICSID, with Wolters Kluwer as its media partner.
Navigating the Human Elements in Arbitration The ICCA Hong Kong 2024 conference also explored how to navigate the human elements that influence arbitration. Mark Friedman explained that humans are influenced in their decision-making by the need for “cognitive comfort” (i.e.,
In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This gap would need to be filled by a combination of international, regional, and domestic legal frameworks that are layered to balance risk management and investment protection.
One of the motivating factors for states withdrawing from the ECT was to remove the treaty protections it offered to fossil fuel investments, as those treaty protections resulted in a regulatory chill preventing states from enhancing their environmental regulations. Russia , where the ECtHR affirmed the right to property under the Charter.
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. To explain how it works, we’ll take two steps back.
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. To explain how it works, we’ll take two steps back.
Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted. Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted.
As an active participant in the IT and Cyber Security fields for the past twenty years, Michael is responsible for the effective implementation of the laboratory’s risk balanced cyber security and information protection programs, along with the strategic direction, management, and oversight of the central IT organization.
She highlighted the relevance of ius variandi in investment arbitrations, where the ability of the state to unilaterally modify contractual terms must be balanced against the need to ensure stability and predictability for investors, thereby safeguarding their legitimate expectations and fostering a favorable investment climate.
Ultimately, it is about finding a balance between giving parties a reasonable (but not exhaustive) opportunity to present their case (and evidence) and resolving the dispute in a time- and cost-efficient way. Finding this balance is far simpler in theory than in practice, as an examination of the different types of evidence reveals.
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. And there are attributes or properties influencing the interpretability of a model (eg clarity) for which there are no evaluation metrics (yet?).
Paulsson further emphasized the need to maintain ethical standards and avoid the pitfalls of professionalizing arbitration too much, which could lead to a system where decisions are influenced by factors other than merit.
Bergsten, the Vis Moot Competition fosters the study of international commercial law and arbitration and provides a practical training to students for resolving international business disputes. However, the Vis Moot has achieved much more than just its goals. He regularly acts as arbitrator and expert in arbitration proceedings.
Here are four ways leading Procurement organizations can influence retail recovery in 2021 and beyond: 1. To accommodate changing shopping behaviors and deliver experiences that delight customers, retailers will need to find the right balance. Rethink What’s Normal.
Increased satellite production is now becoming the standard now in the space hardware industry. I wanted to learn more about that and how it got so easy to make your own satellites. I got the chance to talk about it with Tina Ghatore, CEO of Aerospacelab North America. Interview transcript: Tina Ghatore Aerospace Lab, Inc.
The crucial risk the AI PPN seems to be concerned with relates to generative AI ‘hallucinations’, as it includes background information highlighting that: ‘Content created with the support of Large Language Models (LLMs) may include inaccurate or misleading statements; where statements, facts or references appear plausible, but are in fact false.
From 1st to 3rd September 2024, the Brazilian Arbitration Committee—CBAr held its 23rd International Arbitration Conference (“23rd CBAr IAC” or “Conference”) in Brasília, Brazil’s federal capital. The theme of this year’s Conference was “Arbitration and Infrastructure.” In her first year as President, Ms. He also mentioned the relevance of Law No.
The second panel, “ TechTalk: Unraveling the Tapestry – AI’s Influence on International Arbitration”, included Luke Sobota ( Founding Partner, Three Crowns LLP), Nilufar Hossain (Investment Manager and Legal Counsel, Omni Bridgeway), Rachel Thorn (Partner, Cooley LLP), and Marco de Sousa (Senior Associate, Herbert Smith Freehills LLP).
Even if certain investment tribunals may have failed to uphold those powers, as the UN Report suggests, the logical conclusion cannot be the demise of ISDS as a whole. Domestic courts may also misapply state laws at times, but it would be illogical to argue that such mistakes should lead to the elimination of domestic court systems.
Factors which influence outsourcing: Smaller public entities, in terms of budgets, typically do not fund staffing resources for procurement. The balance between savings and values needs to be part of the conversation. Outsourcing is getting attention. Outsourcing procurement can create a dependency on 3rd parties in the future.
The creation of a global minimum tax on the profits of multinational corporations will ensure that, for the first time in history, there is a tax that applies equally in all countries. The Undertaxed Profits Rule (UTPR): It forbids the deduction or treaty relief for certain payments unless that payment was subject to a minimum level of tax.
First, the panelists discussed the concept of “controlling influence”, which, as Dobrý pointed out, varies in practice, and is not limited to structural ownership and can manifest via the exercise of veto power or the power to appoint board members. It set out to highlight recent critical developments in international arbitration.
The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals. At Kluwer Arbitration Blog, posts have already been published that provide an overview of the AMA and more insights into the ART.
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