Kluwer Arbitration

MARCH 4, 2025

This Blog has previously discussed whether ad hoc arbitration will truly take root in the country ( see The turn to fact or fiction: ad hoc arbitration in the draft amendment to PRC Arbitration Law ). The latest 2024 Draft Revisions essentially confirm the existing regime for ad hoc arbitration in China, rather than expanding its scope.

Utilities 52

Utilities Corruption IT Government 52

Import and Trade Remedies

NOVEMBER 30, 2023

The EPPO has the power to investigate, prosecute and bring to judgment crimes against the EU budget, such as fraud, corruption or serious cross border fraud. The supposed scheme involved importing high quantities of goods, such as textiles, shoes and small electronic items from China to EU countries using fake invoices.

Impact Assessment 45

Impact Assessment Import Participation Transportation 45

Open Contracting Partnership

NOVEMBER 20, 2024

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.”

Sustainability 57

Sustainability Contract Finance Public Procurement 57

Kluwer Arbitration

JANUARY 25, 2024

This blog post will consider how this question is dealt with under Indonesian law. The Indonesian Supreme Court has reached similar conclusions in subsequent cases, as discussed in a previous blog post. The importance of the subject matter of the claim has been confirmed by several court decisions (e.g.,

Participation 97

Participation Contract Import Corruption 97

Kluwer Arbitration

DECEMBER 20, 2023

This blog post examines the said decision. Relevant decisions have been previously examined in a previous blog post here. 1514/2022 (Commercial) (also discussed in a prior blog post ). Two decisions issued recently adopted a different approach. In the first decision, the Dubai Court of Cassation (“DCC”) Judgment No.

Corruption 105

Corruption IT Import 105

Bonfire

MARCH 28, 2023

Mitigating risk is one of the most important responsibilities an organization’s finance leader has. In this blog post, we’ll take a look at the risks inherent in public sector procurement and why finance leaders should care. Evaluations are unintentionally corrupted. Evaluations are deliberately corrupted.

Finance 52

Finance Procurement Evaluation Bidder 52

Kluwer Arbitration

MAY 25, 2024

In this blog post, we explain our empirical study of post-award actions in U.S. Whatever the reason for the high rate of uncontested outcomes, we believe they are an important feature of parties’ post-award conduct. This blog post is based on our article, Challenging and Enforcing International Arbitral Awards in U.S.

Data 98

Data Insurance Import Corruption 98

Kluwer Arbitration

DECEMBER 14, 2024

Important discussions on international arbitration are formulated at an ever-increasing number of conferences, symposia, and events; keynote addresses set out thought-provoking proposals; the number of journals and reviews specializing in international arbitration has greatly proliferated; and even online blogs produce short yet interesting posts.

Management 52

Management Corruption Negotiation Import 52

Curbing Corruption in Government Contracting

NOVEMBER 5, 2019

Written by Isabelle Adam and originally published on the ACE-Global Integrity blog. For years, the benefits of transparency as a policy tool to increase accountability and counter corruption have been lauded. Differing leadership approaches The two leaderships have quite different approaches to anti-corruption overall.

Public Procurement 40

Public Procurement Transparency Procurement E-procurement 40

Open Contracting Partnership

JULY 21, 2023

This blog is based on a speech delivered by Open Contracting Champion, David Riveros García, at the World Bank’s inaugural GovTech Global Forum focused on “Governance in the Digital Era” this May. I work in anti-corruption, leading an organization that focuses on the education sector in Paraguay.

Accountability 52

Accountability Education Corruption Demand 52

Kluwer Arbitration

NOVEMBER 16, 2023

Since 2016, when the first issue of the European Investment Law and Arbitration Review was published, the Review has tracked developments in the new and increasingly important field of European investment law and arbitration. The Review will continue to feature long and short articles as well as case notes and book reviews.

Import 52

Import Corruption Integrity Integration 52

DemandStar

MARCH 1, 2022

Following compliance guidelines is an important part of what a procurement agent does. By adhering to guidelines, they can ensure that their department is free from ill-advised spending, corruption, and fraud. Here are the top five compliance traps that procurement agents should be aware of, and some tips to avoid them: 1.

Procurement 52

Procurement Government Government Corruption 52

Kluwer Arbitration

FEBRUARY 25, 2024

In line with the Blog’s tradition of “year-in-review” series, this post looks back at some of the key investor-State arbitration developments that took place in Europe in 2023 as we covered them on the Blog (for relevant previous Year-in-Review coverage, see here and here ). They remain an important battlefield for all relevant issues.

Negotiation 64

Negotiation Framework Agreement Capacity Import 64

Inter-American Development Bank

JULY 18, 2024

This has important implications for tax policies currently applied in countries, forcing governments to re-evaluate current tax rates and incentives to attract foreign investments. Ensuring ease of doing business by simplifying bureaucracy and regulations, combating corruption, and advancing research and development.

Import 52

Import Capacity Evaluation Government 52

Kluwer Arbitration

JANUARY 11, 2024

Welcome to the Kluwer Arbitration Blog, Ms. This achievement will mark an important milestone in my professional career as I will become the first licensed to practice in both Bulgaria and South Africa. This interview is part of Kluwer Arbitration Blog’s “Interviews with Our Editors” series.

Efficiency 98

Efficiency Quality Demand Collaboration 98

Kluwer Arbitration

MARCH 9, 2024

While there is progress to be made in the thought leadership space and in ensuring greater independence from governments, Professor Rajoo considered the conference as an important opportunity “ to contribute to the collective momentum propelling us towards groundbreaking advancements in the field of arbitration” in Asia.

Ethics 52

Ethics Corruption Negotiation Finance 52

Kluwer Arbitration

JUNE 3, 2024

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. One could assume, based on this provision, that a signature is required on the last page of the award where it is usually placed at the signing page. 42 of 2022.

Electronics 69

Electronics Consulting Accountability Corruption 69

Kluwer Arbitration

MAY 10, 2024

On the issue of limitations of AI, Moloo contributed by noting the importance of human input. Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here. These demonstrations give users a better understanding of the potential of AI and of its limitations.

Efficiency 52

Efficiency Innovation Balance Integrity 52

Kluwer Arbitration

MAY 8, 2024

The discussion also addressed limitations to human cognitive skills, including the average attention span and the importance of engaging visuals. Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here.

Participation 52

Participation Import Sustainability Ethics 52

Kluwer Arbitration

MAY 8, 2024

The discussion also addressed limitations to human cognitive skills, including the average attention span and the importance of engaging visuals. Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here.

Ethics 52

Ethics Participation Import Sustainability 52

Kluwer Arbitration

JANUARY 5, 2024

In view of these developments, this blog post intends to analyze the feasibility of multilateral investment treaty (MIT) negotiations. MIT could be a good solution to some of the important problems encountered within the current system of investment protection and dispute settlement. Would a Multilateral Investment Agreement be Useful?

Negotiation 52

Negotiation Export Import Sustainability 52

Kluwer Arbitration

FEBRUARY 28, 2024

This blog post analyzes the latest developments under the 1958 New York Convention (“ Convention ”), including international precedents, and relevant Pakistani law on the recognition and enforcement of interim, foreign arbitral awards in Pakistan. Damietta International by the Cairo Court of Appeal (as discussed in a prior blog post ).

Import 52

Import Thresholds Contract Corruption 52

Kluwer Arbitration

JUNE 8, 2024

The importance of maintaining pro-arbitration stances within the jurisdictions where they are based was emphasized by all institutions, as well as, relatedly, ensuring the swift enforcement and minimal successful challenges to arbitral awards. This shift offers cost efficiency, broader accessibility, and environmental benefits.

Efficiency 52

Efficiency Import Finance Innovation 52

Kluwer Arbitration

JANUARY 23, 2024

The substantial award at issue is of a particularly high value and fraud and corruption elements arise in both the procurement of the underlying contracts and also the awards themselves. Moreover, the rarity of successful challenges under Section 68 of the EAA amplifies the importance of this judgment.

Collaboration 52

Collaboration Corruption Import Sustainability 52

Kluwer Arbitration

MAY 15, 2024

These steps have also been important for intra-African trade. The Act is further discussed in the blog by Laura Alakija here and the advantages and drawbacks of the award review tribunal are explored in some depth in the blogs by Abayomi Okubote, Aisha Suleiman , and Ibrahim Ati here and Isaiah Bozimo here.

Negotiation 52

Negotiation Capacity Import Corruption 52

Kluwer Arbitration

DECEMBER 22, 2023

He emphasised the importance of arbitration to business and society, particularly owing to the present burden on the courts. Moreover, Denmark is number 1 in the latest indices for the rule of law and perceived lack of corruption , and number 3 in the UN SDG index, which add to the attraction of Danish arbitration.

Thresholds 52

Thresholds Corruption Import Management 52

Kluwer Arbitration

DECEMBER 26, 2023

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.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

NOVEMBER 9, 2023

Rather quickly, the panelists agreed that, as the complexity of an arbitration increases, the contribution of a tribunal secretary can be key to ensuring a cost-effective arbitration by off-loading from tribunal members time-consuming tasks with no import on the disposition of the parties’ dispute. As Popplewell J.

Balance 52

Balance Corruption Quality Efficiency 52

Kluwer Arbitration

AUGUST 22, 2024

Some have emphasized the importance of empathy and human interaction in dispute resolution , something that AI is not capable of, even if it can be programmed to replicate human emotional responses. While all these risks are worthy of further exploration, this blog post will address one particular risk – that of the “black box” problem.

Transparency 64

Transparency Data Import IT 64

Kluwer Arbitration

DECEMBER 12, 2024

Shaima Aljubran, as previously reported on this blog. Vision 2030 highlights the importance of providing equal opportunities for men and women in all sectors. Subsequently, in 2016, the Administrative Court of Appeal in Dammam confirmed the appointment of the first Saudi woman as an arbitrator in a commercial dispute in KSA, Ms.

IT 52

IT Participation Data Corruption 52

Kluwer Arbitration

MARCH 22, 2024

If the title of this blog scared you, it was meant to. Professor Scherer rightly concludes that “[t]he need for reasoned decisions is therefore likely to be an important barrier to AI-based legal decision-making.” Their starting point is that professional service providers need to ask themselves what their clients really want.

Evaluation 52

Evaluation Professional Services Efficiency Data 52

Kluwer Arbitration

OCTOBER 12, 2023

The panel considered there to be benefits in sport-specific issues, including transgender participation in sport, safe-guarding and governance issues, being arbitrated by expert sports tribunals, but noted the importance of developing transparent precedent in this area given the public importance.

Media 52

Media Transparency Participation Import 52

Kluwer Arbitration

SEPTEMBER 27, 2024

Fernando Marcondes discussed the importance of contract planning, emphasizing that it is essential for pricing and execution. Hemmingsen highlighted the importance of considering case law in the construction’s location, as the definition of damages can vary by country. She cited an ICC case Refinería de Cartagena S.A.S.

Insurance 52

Insurance Price Balance Contract 52

Kluwer Arbitration

APRIL 13, 2024

However, it poses some of the most important practical and conceptual questions as to how deepfake video AI technology might affect the practice of international arbitration, in particular in the context of remote hearings today and into the future.

Media 59

Media Quality Education Import 59

Kluwer Arbitration

AUGUST 28, 2024

This blog post addresses the risks arising therefrom and suggests measures to mitigate them. They do so by importing foreign legal concepts into Brazilian law, without due consideration to the potential implications arising from their practical application. Article 63, ss.

Contract 52

Contract Balance Import Utilities 52

Kluwer Arbitration

SEPTEMBER 27, 2024

Mr. Vasconcellos stressed the importance of carefully drafting these clauses to avoid interpretative confusion in case of disputes. She emphasized the importance of precise language to avoid ambiguities. Follow along and see all of Kluwer Arbitration Blog’ s coverage of CBAr 23rd International Arbitration Conference here.

Sustainability 52

Sustainability Contract Import Buyers 52

Kluwer Arbitration

DECEMBER 30, 2023

Such disputes are increasingly complex and evidence-heavy, and the panel agreed on the importance of Procedural Order No 1 (PO1). The importance of honest and accurate advice, including on the probabilities of success, was also stressed. Posthuset ), the home of the Stockholm International Hearing Centre (SIHC).

Innovation 52

Innovation Import Sustainability Influencing 52