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On January 28, 2009 we launched the Kluwer Arbitration blog with the goal of featuring “posts of the highest possible quality” as an “interactive publication” that would render Kluwer’s arbitration offerings even more complete. It is our hope that Kluwer Arbitration Blog will be that forum.”
At the Kluwer Arbitration Blog, December is the month to thank our readers and collaborators for their readership, contributions, and support. The Kluwer Arbitration Blog will celebrate 15 years of existence in 2024. I joined the Kluwer Arbitration Blog in May 2012, at that time with Prof.
Smart public procurement refers to making optimal decisions to minimize waste and enhance the quality, efficiency and sustainability of public spending when purchasing and contracting goods, works and services. This reduction would not only lead to lower interest expenses but also stimulate GDP growth by fostering a more efficient economy.
The Draft Rules introduce several noteworthy changes as part of a concerted effort to “raise the bar on efficiency, expedition, and cost-effectiveness” ( see SIAC Registrar’s Report ). A recent post in this blog covering the SIAC Symposium 2023 touched on practitioners’ views of different themes that can be found in the Draft Rules.
In international arbitration, parties or arbitrators could consider using emotion AI to enhance efficiency and due process (or to gain a strategic and tactical advantage). Although applications are varied, we will focus on two uses: (1) efficiency through facilitating settlement; and (2) due process through ensuring arbitrator attentiveness.
This groundbreaking technology offers a new level of security, efficiency, and accountability, promising to revolutionize the way government agencies and public sector institutions conduct procurements. Integrity Provides an immutable record, reducing fraud and corruption.
She is passionate about championing alternative dispute resolution across Africa and beyond and fostering a culture of cooperation, efficiency, and excellence among the diverse stakeholders involved in dispute resolution. Welcome to the Kluwer Arbitration Blog, Ms. The use of AFSA services is cost-efficient for our clients.
Written by Elizabeth David-Barrett and originally published on the ACE-Global Integrity blog. With a mandate to prevent, investigate, and prosecute corruption, one of the Integrity Commission’s core functions is to oversee public procurement. Our main partner, and co-organiser of the workshop, is the Integrity Commission of Jamaica.
This post was first published on Water Integrity Network’s blog. The latest Water Integrity Global Outlook highlights how the global water and sanitation sectors are notoriously opaque and vulnerable to corruption. Yet, the report highlights that “Procurement is the site of the greatest corruption in public expenditure.”
Among those that do use it, they often resort to generative AI to make internal processes such as marketing more efficient. While AI may improve efficiency and consistency in cases, it cannot grasp subjective issues that permeate arbitration. Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here.
To mitigate risk and foster foreign investment in the country, the KSA has introduced several reforms to foster more efficient dispute resolution and become a dispute resolution hub. This is a welcome development, as it will help parties to be candid with one another and will allow for more efficient dispute resolution.
It is now important for the Centre to show that it is independent and efficient with a commitment to promote ADR services in Asia and beyond. Previously in our blog , there have been discussions concerning whether certain changes should be made to the Malaysian Arbitration Act. 1) Rule 12 of the 2023 Rules.
The Rules represent a delicate balancing act in addressing issues of legitimacy while also focusing on efficiency. This increase in costs should be viewed in the context of the efficiencies introduced by the Rules. It has been suggested that efficiency plays a large role in determining the costs expended (discussed here ).
The Centre boasts a high efficiency rate, with 45% of cases following expedited procedures and an average dispute amount of 22 million CHF. CAM-CCBC is noted for its efficiency, with an average case duration of 21 months. This shift offers cost efficiency, broader accessibility, and environmental benefits.
If the title of this blog scared you, it was meant to. But this focus falls into the trap identified by Richard Susskind of lawyers looking to deploy AI to do what we already do – just more efficiently – by replacing existing decision-makers with AI programs. Are we ready for this challenge? And what do our clients really want?
As discussed in a previous blog post , while some jurisdictions still require awards to be signed by wet ink signatures, many seem to accept electronic signatures. In contrast, the ability to electronically sign an award is an exercise in efficiency as it takes just few minutes and only one copy needs to be signed. 42 of 2022.
This blog examines the Vis Moot’s new rules in light of current trends and industry sentiment as reflected in the results of BCLP’s survey. However, the potential of AI to bring further efficiency comes with its own set of risks and issues.
Giuseppe Busia, President of Italy’s National Anti-Corruption Authority (ANAC) highlighted digitalization as a key element to prevent corruption and improve efficiency in public procurement and provided concrete examples of how ANAC collaborates with civil society to pursue data-driven approaches to anti-corruption.
Technology has driven efficiency and reduced costs in some areas, but the underlying legal tasks have not materially changed. As this blog considers below, new platforms are now being developed which combine the use of technology with new approaches to dispute resolution procedures. That may not be the case going forward.
Brekoulakis’s and Howard’s relativist perspective was shared by other speakers who challenged the traditional view of the arbitrator’s role, questioning whether their primary focus should be on delivering justice or resolving disputes efficiently. Kun Fan discussed how ideas of justice and efficiency may vary with context.
The new NAI Rules, which had been last revised in 2015 , introduce a number of innovative features and aim to provide for more efficient and expeditious dispute resolution, thereby responding to the needs and increased sophistication of users of international arbitration. 12 May 2023 ).
Lucy Greenwood launched the Green Pledge with her 2019 blog post – A Zero-Impact Arbitration? At the global level , the CGA continues to focus on the close parallels between sustainability commitments, cost-savings, and increased efficiency of proceedings.
In this regard, there are very few precedents across the world (an indication that controversies on the role of tribunal secretaries are not that frequent), and they all show that the range of tasks that can be delegated is quite broad (for an overview, please refer to this blog post ). As Popplewell J.
For the seventh year, the Blog is providing live coverage of Hong Kong Arbitration Week. The changes provide not just incremental improvements for efficiency and integrity of proceedings, but also changes to reflect developing societal norms, such as environmental impact and diversity. We are privileged to interview Joanne.
Developments in Arbitration-Related Law and Institutions In 2023, our Blog covered shifts within arbitration-related laws and examined novelties in institutional rules, offering insights into the evolving landscape of international arbitration in East and Central Asia.
This blog post highlights the past year’s most notable events impacting international arbitration practitioners in the Golden State. Earlier this year, Giorgio Sassine, Co-Lead of the 2023 CIAW Joint Planning Committee, was interviewed by Kluwer Arbitration Blog about the event (more coverage of CIAW available here ). 22–381 (U.S.
For the sixth year, our Blog is providing live coverage of Hong Kong Arbitration Week. This interpretation was also consistent with the legislative purpose of the Ordinance, which is to resolve disputes fairly and efficiently through arbitration. 1) Thanks to Zhibei Feng for her contribution to this blog post.
This blog post tests the use of behavioral economics in arbitration to evaluate the consequences of a party’s failure to produce information. Uzbekistan , on the use of inferences to presume the existence of corruption in an investment), caution is warranted. While the use of inferences is documented in case law ( see Metal-Tech v.
Peter Sester analyzed the BGH’s position and put it within the context of international case law in this blog post. It is noteworthy that the CJEU established a second requirement for an “efficient review.” That is, only courts of an EU member state can meet the CJEU’s standard of an efficient review.
She also highlighted two points that may not be changed by technology, as of yet, that of couriering awards around the world if a wet ink signature is needed and that of the importance of the human experience when making a decision (for further discussion of ChatGPT and “shadow arbitrators”, see blog post here ).
Speller pointed out that a United Kingdom judicial taskforce produced a paper explaining that digital assets do not necessarily fall into the historic categories of property but do have certain indicia of being property (covered in this blog, here ). More coverage from Seoul ADR Week is available here.
Those problems have constituted another persistent theme on this Blog, as evidenced recently by the interview with The Hon Wayne Martin AC KC and outline of the draft 7th Edition of the SIAC Arbitration Rules. Past lecturers have been senior former or serving Australian judges, with some discussing developments in arbitration.
This blog post summarizes the main arguments discussed by the speakers. Similarly to cases involving corruption or money laundering. Finally, Thieffry was asked to shed light on the notion of ‘environment-friendly arbitrator,’ emphasizing the importance of upholding arbitral duties and procedural efficiency.
In response, the Abu Dhabi Chamber of Commerce and Industry (“ Chamber ”) launched an initiative to improve the quality and efficiency of international dispute resolution in the Emirate. Arbitration experts from across the globe were tasked with establishing a new arbitration institute under the name arbitrateAD.
Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here. 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
Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here. 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
This blog post addresses the risks arising therefrom and suggests measures to mitigate them. 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
This blog post presents details about the arbitration award that was procured through fraud, its subsequent challenge in the English court, and the duties of arbitrators during the adversarial procedure. Secondly, P&ID continued to bribe during the arbitration process to hide the previous corrupt payments to the same individual (§509).
This blog post shares key takeaways from the webinar, including research findings and a checklist you can follow to help you to leverage CSR to drive revenue, while making a positive impact for society. Digitize collaboration to enable scale and efficiency. Among CSR initiatives, overall sustainability topped the list of priorities.
This blog post will, firstly, set out the benefits of the inclusion of investor obligations generally, then distinguish between different categories of investor obligations. The Drawbacks of CSR and ESG Investor Obligations While the recent debate, on the Kluwer Arbitration Blog and elsewhere, has either been broad (e.g.
This blog post examines the Court’s reasoning considering the concerns that the Ecuadorian arbitration community expressed to the Court and reflects on the decision’s practical implications. Although all the options above are feasible, the latter appears to be the most efficient. The Court’s Interpretation of Art.
Noting the broad discretion afforded to tribunals to decide upon procedural issues, one piece posited that an emphasis on efficiency found in many institutional rules may encourage the limited use of AI.
Mr Martin, it is an honour to have you with us on the Kluwer Arbitration Blog! Australia has internationally recognised commercial courts which deal with their cases quickly and efficiently, serviced by a well-qualified and experienced legal profession charging rates below those charged in comparable jurisdictions within our region.
Political risk, for example, marked by frequent changes in legislation and government interference in infrastructure contracts, can impact the efficiency of contracts with the Public Administration and, consequently, deter foreign investors.
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