Kluwer Arbitration

FEBRUARY 16, 2024

Part I focuses on the scope of arbitration clause and its validity in the context of a party’s (in)capacity of discernment, as well as on the new developments regarding res iudicata. Part II explores new case law on the enforcement of arbitral awards. Please see Part II for further developments in 2023.

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

NOVEMBER 17, 2024

Legal scholars and courts debated whether public entities needed explicit legislative authorization to arbitrate or whether the state’s capacity to contract inherently allowed for arbitration. Over time, case law evolved to allow state-owned enterprises to bring property-related claims to arbitration. 11.308/DF ( União v.

Participation 52

Participation Corruption Telecommunication Contract 52

Inter-American Development Bank

OCTOBER 31, 2024

In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. As a result, addressing passive waste through capacity-building measures can generate large savings for governments. Waste broadly refers to suboptimal decision-making in the allocation of public resources.

Public Procurement 52

Public Procurement Procurement Strategic Planning Balance 52

The Procurement ClassRoom

MAY 19, 2024

Integrating blockchain and artificial intelligence (AI) into public procurement processes holds significant promise for enhancing efficiency, effectiveness, and transparency, potentially reducing corruption. This minimizes human intervention, the primary source of corruption in public procurement.

Public Procurement 52

Public Procurement Procurement Corruption Market Analysis 52

Kluwer Arbitration

APRIL 6, 2025

In 2005, a subsidiary of the Investors entered into an agreement with Antrix Corporation Ltd (Antrix), a corporation wholly owned by India, for the lease of space segment capacity on two Indian satellites that were yet to be built.

Thresholds 52

Thresholds Capacity Contract IT 52

Open Contracting Partnership

MARCH 5, 2024

For example, with our support, the Dominican Republic’s procurement agency monitors all transactions in the country’s electronic procurement system in real-time using 21 automated corruption red flag risk indicators. Check out our regional pages and newsletters for updates!

Procurement 89

Procurement E-procurement Public Procurement Sustainability 89

Federal News Network

NOVEMBER 9, 2023

Interview Transcript: Tom Temin And we think of the defense industrial base has strained in terms of capacity to manufacture what’s needed around the world and, you know, missile systems and ammunition and so forth. I think the Justice Department has characterized sanctions as the new FCPA, the new Foreign Corrupt Practices Act.

Export 106

Export Supply Chain Manufacturing Participation 106

Kluwer Arbitration

JUNE 19, 2024

Additionally, the Claimants claimed that Panama’s actions included a smear campaign, which involved a criminal investigation into corruption allegations against Mr. Rivera, damaging his global reputation. The Corruption Investigation The Claimants contended that Panama’s criminal investigation was not genuine.

Corruption 52

Corruption Balance Capacity Contract 52

Open Contracting Partnership

JUNE 4, 2024

Training and capacity building Weak in-house capability within government organizations is a common challenge, including a shortage of specialized knowledge, skills, and resources within government agencies to effectively design, implement, operate, and maintain e-GP systems.

E-procurement 82

E-procurement Procurement Public Procurement Transparency 82

Open Contracting Partnership

FEBRUARY 1, 2024

In 2024, we look towards implementation of the resolution and participation at the International Anti-Corruption Conference (IACC) in Lithuania this summer. Organizations we work with more as allies, advocates, or co-implementers may not be seeking capacity-building support from us in the first place.

E-procurement 76

E-procurement Public Procurement Capacity Procurement 76

Open Contracting Partnership

DECEMBER 12, 2023

Having formal arrangements through MoUs and building their capacity and understanding has led to good quality monitoring reports that are more actionable for us.” ‘The adoption of CMS has enabled us to have a better strategic collaboration with CSOs and to deliver our mandate better. The results The numbers tell a compelling story.

Public Procurement 135

Public Procurement Procurement Contract Collaboration 135

Curbing Corruption in Government Contracting

SEPTEMBER 18, 2019

Open data is often lauded as a magic pill for anti-corruption: reveal what’s going on, inform the public, and, presto, government will become more accountable. Written by Elizabeth David-Barrett and originally published on the ACE-Global Integrity blog. Oh, and big data just means bigger gains, right?

Data 52

Data Public Procurement Procurement Buyers 52

Open Contracting Partnership

JUNE 3, 2024

The system is decentralized, with institutions having capacity in-house. Using data to address fraud and corruption The increased digitalization has provided new opportunities to identify bad behavior and corruption risks. So we started with a pilot of nine institutions and then opened up.

Public Procurement 80

Public Procurement Procurement E-procurement Transparency 80

Kluwer Arbitration

APRIL 13, 2024

Firstly, clarifying the possibility of public notaries serving as arbitrators was, above all, pointless since the Brazilian Arbitration Act establishes only the legal capacity and the trust of the parties as requirements for someone to act as an arbitrator. Thus, the provision in the Arbitration Act was already sufficient.

Capacity 52

Capacity Corruption Contract Efficiency 52

Open Contracting Partnership

AUGUST 14, 2023

VIktor Nestulia Head of DREAM Project Office This led to the formation of the RISE Ukraine Coalition, which at its inception united more than 20 Ukrainian organizations working on open government and anti-corruption reform. The experts will strengthen the team of the Ministry of Reconstruction and speed up the full launch of the ecosystem.”

Accountability 52

Accountability E-procurement Transparency Capacity 52

Kluwer Arbitration

JULY 11, 2024

Overall, Uzbekistan’s arbitration landscape has evolved considerably, with a more robust legal framework, growing institutional capacity, and increasing international engagement. The TIAC has also been actively involved in capacity-building efforts to support the development of the legal profession in Uzbekistan.

Capacity 52

Capacity Efficiency Collaboration Innovation 52

Kluwer Arbitration

MARCH 16, 2024

An inherent limitation stems from the fact that AI tools rely on statistical data, thus lacking the capacity for legal reasoning and rendering a decision based on the individual circumstances. In any case, the challenges of the use of AI in decision-making in arbitration merit careful consideration.

Ethics 90

Ethics Data Integration Integrity 90

Kluwer Arbitration

DECEMBER 14, 2023

The LACIAC Board of Directors, through its technical committees, strives to build capacity in different sectors including energy, construction, finance and technology, international trade, telecoms, media and entertainment, MSMEs, among others. Past interviews are available here.

Capacity 52

Capacity Collaboration Networking Strategic Planning 52

Kluwer Arbitration

MARCH 11, 2024

She examined in what manner small states have been (i) accessing courts to get them to address climate change in international law; (ii) shaping the legal landscape and the law in so doing; and (iii) considering international law’s capacity to provide actual legal remedies. All are available to watch in full here.

Capacity 52

Capacity Import Finance Negotiation 52

Kluwer Arbitration

JUNE 30, 2024

In the first twelve months since the passage of the IRA, the capacity of all CCUS facilities under development grew globally to over 420 million tons, an increase of more than 40%. This facility, scheduled to begin operations in 2024, will have sufficient storage capacity to offset the equivalent of 750,000 car emissions per year.

Engineering 52

Engineering Capacity E-procurement Networking 52

Kluwer Arbitration

JANUARY 11, 2024

In this capacity, I am dedicated to making a significant contribution to international arbitration, drawing upon my extensive experience to bolster AFSA’s position in the industry. Can you please tell us more about AFSA, its structure, users, and what sort of disputes it generally administers? Past interviews are available here.

Efficiency 98

Efficiency Quality Demand Collaboration 98

Kluwer Arbitration

APRIL 24, 2024

Judge Leon sided with Spain and dismissed the petition, explaining that under the Treaty of Lisbon , Spain “lacked the legal capacity to enter into agreements inconsistent with their obligations under the EU Treaties.” Blasket Renewable , at 12.

Balance 52

Balance Capacity Government Government 52

Kluwer Arbitration

JANUARY 7, 2024

2023) , the Supreme Court recognized that plaintiffs may bring a civil suit under the expansive Racketeer Influenced and Corrupt Organizations Act (RICO) for judgment-creditors’ illicit conduct and collusion (“racketeering” under the statute) to avoid payment of an arbitral award which has been recognized and enforced as a U.S.

Collusion 52

Collusion Insurance Capacity Corruption 52

Kluwer Arbitration

APRIL 15, 2024

He emphasised the need for capacity building by studying successful approaches in other jurisdictions. 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

Demand 52

Demand Sustainability Capacity Import 52

Kluwer Arbitration

DECEMBER 7, 2023

The Report recommends the following five “Initial ITA Priorities in and for the Caribbean”: Model Law implementation; Capacity building among legal practitioners; Judicial education and training in arbitration; Assisting legal educators in the Caribbean; and Raising the profile of Caribbean arbitration in the Americas.

IT 52

IT Education Influencing Finance 52

Kluwer Arbitration

JULY 25, 2024

Uruguay demonstrates that an arbitrary and contradictory conduct by a State, through a strong public opposition by high public officials, with the objective of affecting a company’s operations and financial capacity, could be considered a breach of the fair and equitable treatment standard. Non-official English translation) (Award, para.

Capacity 52

Capacity IT Corruption Price 52

Inter-American Development Bank

JULY 18, 2024

The choice seems easy to make, as it tends to increase domestic resource mobilization, but the revenue expected needs to be balanced with the cost of administering the complexity and increasing data processing demand of a global tax, requiring investments in technology and capacity building inside their tax administrations.

Import 52

Import Capacity Evaluation Government 52

Kluwer Arbitration

APRIL 22, 2024

The government attorney, appointed as arbitrator by Petros, had previously acted under several capacities, between 2010 and 2015, at the governmental entity Superintendência Nacional de Previdência Complementar (“Previc”).

Government 52

Government Government Capacity Influencing 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. The court found that the awards were obtained by fraud in a manner that was contrary to England’s public policy.

Collaboration 52

Collaboration Corruption Import Sustainability 52

Kluwer Arbitration

DECEMBER 26, 2023

In a survey conducted by the Global Arbitration Review (GAR) in 2022 on hearing centre preferences, AIAC was ranked at the forefront among other international institutions, having the highest number of hearing rooms and largest room capacity.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

DECEMBER 12, 2023

Arbitrability in French law Under Article 2059 of the French Civil Procedural Code (“FCPC”), parties do not have the free disposal of all their rights: unavailable rights cannot be arbitrated, especially “ questions of status and capacity of a person ”, and “ those relating to divorce and legal separation ” ( Article 2060 of the FCPC ).

Capacity 52

Capacity Insurance Contract Import 52

Kluwer Arbitration

JULY 7, 2024

It aims to “enhance the capacity of States and regional economic integration organisations in handling international investment disputes”, with a particular focus on least developed and developing countries, as identified in the annex to the draft statute (Article 2).

Education 52

Education Efficiency Integration Integrity 52

Kluwer Arbitration

FEBRUARY 25, 2024

This piece was prepared by the author in her capacity as an Associate Editor of the Kluwer Arbitration Blog. 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

Negotiation 64

Negotiation Framework Agreement Capacity Import 64

Kluwer Arbitration

OCTOBER 20, 2024

As mentioned above, this includes taking a proactive role in capacity-building collaborations too. 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

Efficiency 52

Efficiency Innovation Leadership Capacity 52

Kluwer Arbitration

MAY 15, 2024

Various other initiatives have been set in motion such as the establishment of the Africa Arbitration Academy to provide training to arbitration practitioners in Africa and accelerate capacity building.

Negotiation 52

Negotiation Capacity Import Corruption 52

Kluwer Arbitration

FEBRUARY 20, 2024

Although capacity and authority are two different issues 4) See Fouchard Gaillard Goldman on International Commercial Arbitration, Edited by Emmanuel Gaillard and John Savage Published by Kluwer Law International 1999, pp. and the absence of authority is not per se a question of capacity, there is largely a consensus that Article V.1(a)

Capacity 52

Capacity Influencing IT Corruption 52

Kluwer Arbitration

FEBRUARY 12, 2024

The CoC rejected this argument and upheld the findings of the Court of Appeal, emphasising the established legal principle that the capacity and authority of the signatory to an arbitration clause are within the purview of the trial court to decide. In this case, the appellant provided no such evidence.

Distribution 52

Distribution Thresholds Contract Negotiation 52