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In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. This continuous data flow strengthens public trust by minimizing corruption risks and reaffirming a commitment to transparency. Waste broadly refers to suboptimal decision-making in the allocation of public resources.
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.
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
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.
This blog post examines how two tribunals have recently interpreted differently an FET clause containing an explicit reference to the MST. But, at the same time, the majority also referred to the NAFTA-style high threshold of gravity required to find a breach (referring to actions “unacceptable from an international law perspective,” paras.
She also highlighted the high threshold in Denmark to set aside an award based on an arbitral tribunal’s action, especially if such action is covered by the national law, institutional rules and/or procedural orders. 2016.1558/2H), which sets a high threshold for any setting aside arguments. The Supreme Court decision (U.2022.1117)
The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 million – a response to the growing criticism directed at DIAC’s significantly lower threshold of around USD 270,000. million in value.
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.
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 ).
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.
The standard of “ existence of dispute ” without any bona fide requirements appears to be a comparatively lower threshold indicating heightened deference to the jurisdiction of the arbitral tribunal when an operational debt is disputed. The authors wish to thank Aishwarya Jain for her assistance in preparing this blog post.
After a brief overview of the facts, this blog post will address the timeliness of such a defence, its self-judging character and the standard of review. Even more striking is the attached footnote that suggests a barrier to judicial review: “if a Party invokes Article 22.2 A novelty is the approach to the notion of security interests.
The Spanish Constitutional Court Decisions As noted in past blog entries ( here and here ), the TSJM’s tendency to annul awards on the basis of public policy arguments was seen as a challenge by the Spanish arbitration community and gave rise to doctrinal debates. In particular, the SCC clarified that the provision in Article 37.4
Balfaqeeh then presented an in-depth analysis of the threshold for interim reliefs, particularly under the UAE Arbitration Law. Another key point made by Farah was the possibility of the arbitral tribunal making interim reliefs contingent upon the provision of adequate security by the requesting party.
Gabor Damjanovic , Jens-Hendrik Janzen , Nadja Al Kanawati and Jan Dobrý debated some of the more controversial provisions introduced in the updated IBA Guidelines on Conflicts of Interest (see previous coverage of the Blog here ). Russia and Stati v. Republic of Kazakhstan ).
and Ors. (“ NN Global ”) covered in a previous blog post here. Key Principles of Arbitration Identified By the Seven-Judge Bench In deciding whether unstamped agreements are unenforceable, the Judgment considered the remit of courts at the threshold stage. Indo Unique Flame Ltd.
This blog post analyses the key changes and their potential impact on arbitration in Qatar further to the previous bog post. Future adjustments to QICCA’s threshold remain to be seen. The ICC applies expedited procedures for disputes up to USD 3 million.
This blog post focuses on the mechanisms introduced under Article 11b. Importantly, several BITs concluded by the former USSR and Russia impose limitations on the jurisdiction of arbitral tribunals in expropriation cases ( see previous coverage on the Blog here ). 302 , signed on April 25, 2023.
This post exclusively focuses on Working Group IIIs key milestones in 2024 and relevant contributions to the Kluwer Arbitration Blog (KAB), while the ECT modernization will be discussed separately. Meanwhile, the additional resources allocated to Working Group III are set to expire at the end of 2025 (A/CN.9/1194, 9/1194, para.
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 Conclusions The rulings of the BVG hardly come as a surprise.
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