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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.”
Many of you will know that weve always been interested in opening up and improving the procurement and contracts that underpin mega-sporting events, which have – all too-often been – vectors for cronyism, corruption or massive mis-spending.
In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. Hart’s insights strongly resonated with participants from the LAC region, where traditional contracts are often strained by rigid rules. Source: Authors’s elaboration. 4] Bandiera, O., Prat, A., & Valletti, T.
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.
Importers should be aware that they are at risk if there is a finding of circumvention because it could result in liability for SIMA duties retroactive to the date of initiation of the anti-corruption investigation. While administrative reviews may provide more predictability to market participants and create further alignment with the U.S.
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 problem is, there is no legal obligation for this third party to participate in the arbitration.
The Congress, taking place from 5 to 8 May 2024, consists of today’s opening ceremony, followed by three full days of engaging sessions for participants and speakers. This presentation sets the tone for a sequence of panels in which experts will examine the roles and expectations of the various participants in the field.
This is the fifth consecutive year that we, either together or separately, have reported on trends at the intersection of human rights and international investment arbitration from the prior year (see prior Blog coverage, here , here , here , and here ).
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.
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. Notably, participation of EU Member States in EPPO is for now optional, with Member States such as Denmark, Hungary, Ireland, Poland and Sweden not participating (so far).
By leveraging blockchain’s capabilities, these entities can significantly mitigate corruption risks, streamline operations, and foster a more transparent procurement environment. Integrity Provides an immutable record, reducing fraud and corruption.
With the sophistication of deepfakes, distinguishing real from falsified evidence is challenging, as previously explored in this blog. While this might seem far-fetched, parties made similar allegations regarding arbitrators’ written participation in their awards. Digital watermarking is a promising measure to counteract Deepfakes.
Shaima Aljubran, as previously reported on this blog. One of its goals is to increase womens participation in the workforce from 22% to 30% by 2030. 1) The World Bank reports progress in this field too, albeit at a different rate: in 2016, the participation of women in the workforce was 16.1%
Lucy Greenwood launched the Green Pledge with her 2019 blog post – A Zero-Impact Arbitration? In addition to written materials, CGA members actively participate in global events and arbitration weeks by hosting substantive programming and informal networking gatherings, both in-person and virtually to expand participation.
In the first panel, moderated by Maanas Jain , the speakers David W Rivkin , Gourab Banerji SA , Susan Ahern , Aisha Nadar and Kap-You (Kevin) Kim discussed how aspects of arbitration procedures impact the behaviour of its human participants. Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here.
In the first panel, moderated by Maanas Jain , the speakers David W Rivkin , Gourab Banerji SA , Susan Ahern , Aisha Nadar and Kap-You (Kevin) Kim discussed how aspects of arbitration procedures impact the behaviour of its human participants. Follow along and see all of Kluwer Arbitration Blog ’s coverage of ICCA Hong Kong 2024 here.
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. Instead, mirroring the sentiment of 63% of arbitration practitioners in a recent survey by our firm, BCLP, on the use of AI in international arbitration, the new rules seek to regulate the use of AI.
The first ICCA Congress with recorded participants was held in Rotterdam in 1966, painting a picture of exclusivity and limited access. The 1966 Congress had 131 participants, predominantly from Western Europe, with only three attendees from outside this region—one from Yugoslavia, one from the USA, and one from Romania.
Peter Sester analyzed the BGH’s position and put it within the context of international case law in this blog post. The European Courts’ Judgments in ISU The ISU is the world’s predominant organizer of professional figure and speed skating competitions.
CGX Energy Inc. ), including because the arbitration clause provided for a summary procedure of only two days and did not permit the participation of third parties or a party was not permitted to depose witnesses ( Costco ) or because the arbitrator ignored or failed to consider or admit certain evidence ( EDE Capital Inc.
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. Top CSR initiatives among Forrester survey respondents.
Emotion AI tools could be used during a case management conference or hearing to monitor participants’ level of attentiveness, engagement, confusion, and anxiety in real time. In essence, it allows all participants to peep into each other’s ‘heads.’ It is not intended for any promotional purposes.
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.
The panel discussed anti-doping, concussion, safe-guarding and transgender participation in sports. More coverage from Australian Arbitration Week is available here , and further publications by the Kluwer Arbitration Blog on sports and arbitration are available here. Of note was the panel’s discussion on concussion.
In this blog we will discuss some of the main findings of the event, including the policy tradeoffs governments in Latin America and the Caribbean need to consider as they adapt their tax systems to this new reality. Subscribe to our newsletter to keep yourself updated about our latest publications, blogs and events.
India declined to participate by not appearing, contesting the tribunal’s jurisdiction since a Neutral Expert was also examining the issue and the IWT’s prohibition of parallel proceedings. India characterised the arbitration proceedings as “ illegally constructed.”
published on this blog). This principal violation is that even after iterated amendments of its Eligibility Rules the ISU has gatekeeper power (vis-à-vis other market participants including horizontal ones) to determine who runs sporting events for ice skating. The first does not apply to commercial and investment arbitration.
This blog post summarizes the main arguments discussed by the speakers. Similarly to cases involving corruption or money laundering. Arbitrating Climate Change Disputes Kirsten Odynski analysed the current landscape of climate change disputes, their relationship with arbitration, and future perspectives.
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. An undisclosed award was rendered in Schönberger v.
On 19 June 2024, the Privy Council issued its decision in Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 , holding that winding up proceedings should not be automatically stayed or dismissed by the court where the disputed debt is subject to an arbitration agreement.
To ensure the exclusive jurisdiction of the CAS, SGBs demand athletes to accept mandatory CAS arbitration agreements, under which the exclusive jurisdiction of the CAS for appeals against their decisions constitutes a legal prerequisite to participate in sports competitions.
The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. The procurement data governance framework is now planned to be developed in the second half of 2023.
The court dismissed Uniper’s argument that Gazprom (ironically) was in fact participating in the Stockholm arbitration and had legal representation in those proceedings. As of the date of this blog post, we have seen no evidence that this approach will change in the foreseeable future.
Domestic investments by the Brazilian government are insufficient to meet the infrastructure needs, making foreign investors’ participation essential for the regular development of the national economy. Follow along and see all of Kluwer Arbitration Blog’ s coverage of CBAr 23rd International Arbitration Conference here.
On 14 September 2023, the Netherlands Arbitration Institute (NAI) held its Annual General Meeting at the Peace Palace in The Hague, attracting over 160 participants from the Netherlands and beyond. Gerard Meijer , (President of the NAI) welcoming the participants at the Peace Palace. Meijer revealed the launch of the new NAI website.
Kröll, thank you for joining the Kluwer Arbitration Blog! Today the majority of teams have participated in numerous pre-moots either in person or online. This interview is part of Kluwer Arbitration Blog’s “Interviews with Our Editors” series. Past interviews are available here.
In view of these developments, this blog post intends to analyze the feasibility of multilateral investment treaty (MIT) negotiations. All states, whether developed or developing, whether member or observer to UNCITRAL as well as governmental organizations, may participate in the deliberations on an equal basis.
See, for example, prior coverage on Kluwer Arbitration Blog on related topics, such as building quality and trust in the arbitral process and the Spanish Arbitration Club’s code of best practice in arbitration. It is also associated with the Arbitrator’s demonstration of professionalism.”
Privacy and Third-Party Scrutiny While the public interest inherent in litigation generally allows for some degree of public participation in proceedings, ADR avenues provide far greater scope for privacy. In In re Teligent, Inc., 1) In re Teligent, Inc. , 3d 53 (2d Cir. References [ + ] References ↑ 1 In re Teligent, Inc. ,
This blog post shall first provide a brief historical overview of the 2019 Hague Convention as well as the rationale for its adoption. Last, the blog post shall explore the interplay between the Convention and international arbitration. Second, it shall outline the rationale for the UK’s accession to the Convention.
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. An earlier post on this blog notes that while preliminary determinations are useful, tribunals have been reluctant to use them because of due process paranoia. and kevinnash@siac.org.sg
This blog post captures some of the highlights of the discussions. 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
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 In essence, as described in Bilingualism in the Real World by Inbal Itzhak et.
The 12th Asia-Pacific ADR Conference , the flagship event of SAF 2023, took place on 1 November 2023 and was attended by approximately 300 participants on-site as well as other attendees simultaneously joining the conference online. It covered a broad range of topics over four sessions. More coverage from Seoul ADR Week is available here.
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