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 108

Export Supply Chain Manufacturing Participation 108

Open Contracting Partnership

JULY 21, 2023

David is the founder of reAcción , a grassroots anti-corruption civil society organization that empowers young people in Paraguay to fight for government transparency and social accountability. 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

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 3, 2024

She’s also just been elected President of the African Public Procurement Network (APPN), which convenes procurement authorities from 54 countries and she emphasizes the importance of building on existing foundations to strengthen the network’s support for public procurement in Africa. Every step has a clear action and timeline.

Public Procurement 80

Public Procurement Procurement E-procurement Transparency 80

Kluwer Arbitration

MARCH 11, 2024

The general importance of climate change-related disputes can be measured on the steady increase of cases which are being brought by environmental advocacy organisations or governments in anticipation of the massive costs related to adapting to or mitigating climate change. 2 O 285/15 Essen High Court).

Capacity 52

Capacity Import Negotiation Finance 52

Kluwer Arbitration

APRIL 15, 2024

The discussion, initiated by Uka, highlighted the shift towards cleaner energy, the importance of upholding obligations under the Paris Agreement , and the crucial role of effective dispute resolution mechanisms in ensuring a smooth transition for Africa. The event concluded with a call for political will to address these issues.

Demand 52

Demand Sustainability Capacity Import 52

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

JULY 11, 2024

Overall, Uzbekistan’s arbitration landscape has evolved considerably, with a more robust legal framework, growing institutional capacity, and increasing international engagement. Please elaborate on the relevance and importance of these rules. Education and capacity-building are a core part of our mandate.

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. This underscores the importance of general principles, such as those outlined in the SVAMC AI Guidelines.

Ethics 90

Ethics Data Integration Integrity 90

Kluwer Arbitration

DECEMBER 7, 2023

The Task Force is part of the ITA’s Americas Initiative , which over the past two decades has played an important role in the development of arbitration in Latin America. Recognising the growing importance of other large parts of the Americas, the Americas Initiative has now expanded its focus to the Caribbean and Canada.

IT 52

IT Education Influencing Finance 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. This is one of the most important features that will assist in the enforcement of the Islamic arbitration awards.

Influencing 98

Influencing Efficiency Leadership Innovation 98

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

JANUARY 11, 2024

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. Past interviews are available here.

Efficiency 98

Efficiency Quality Demand Collaboration 98

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

FEBRUARY 25, 2024

They remain an important battlefield for all relevant issues. This piece was prepared by the author in her capacity as an Associate Editor of the Kluwer Arbitration Blog. In 2023, a provision of the German Code of Civil Procedure (“ZPO”) – Section 1032 para. cases based on BITs between an EU Member State and a non-EU Member State).

Negotiation 64

Negotiation Framework Agreement Capacity Import 64

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

OCTOBER 20, 2024

Equally important, however, HKIAC must also capitalize on its international connections and track record as a quality arbitral institution independent of its China-related work. As mentioned above, this includes taking a proactive role in capacity-building collaborations too. How is HKIAC addressing them? First of all, be yourself.

Efficiency 52

Efficiency Innovation Leadership Capacity 52

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

MAY 15, 2024

These steps have also been important for intra-African trade. 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. Or does Africa still have some way to go?

Negotiation 52

Negotiation Capacity Import Corruption 52

Kluwer Arbitration

FEBRUARY 12, 2024

1444 of 2022 of 6 July 2023, which underlined the importance of respecting party autonomy in upholding arbitration agreements. In this post, we examine this shift in the UAE courts’ perception of arbitration by reference to two judgments of the Dubai Court of Cassation (“CoC”), namely, Case No. Dubai CoC Case No.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

MAY 6, 2024

This, he noted, highlighted the importance of contract management, and how PSUs should look beyond standard form contracts. State’s Perspective of Arbitration Mr. Tushar Mehta raised several important points regarding arbitration involving SOEs.

Import 52

Import Finance Capacity Contract 52

Kluwer Arbitration

OCTOBER 13, 2024

She brings national and international experience in leading disputes practices in Melbourne and in Paris as well as valuable in-house experience at the front end of projects and the back end of disputes in construction and energy—two of the most important industries at ACICA. Past interviews are available here.

Sustainability 52

Sustainability Quality Import Supply Chain 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

Kluwer Arbitration

MARCH 22, 2024

Clear Arbitration Agreements The first preventive measure discussed by the panel was the importance for dispute resolution clauses to be well drafted. With regards to the other procedural mechanism, consolidation refers to the capacity to combine different arbitration proceedings.

Import 52

Import Contract Capacity Corruption 52

Kluwer Arbitration

JUNE 6, 2024

Finally, despite the advent of large constellations of hundreds of satellites in lower orbit (in the past three years, the number of satellites in orbit has more than trebled), we do not presently know whether there is a limit to such capacity. While this has changed, State and State-controlled actors remain important players in the industry.

Telecommunication 52

Telecommunication Export Influencing Negotiation 52

Kluwer Arbitration

APRIL 3, 2024

Adherence to these principles becomes all the more important in the context of growing mistrust and disillusion in the status quo , where heightened criticisms of international arbitration that threaten to undermine the mechanism’s effectiveness may occur.

Influencing 52

Influencing Balance Capacity Import 52

Kluwer Arbitration

FEBRUARY 13, 2024

It is mostly based on the 2006 edition of the UNCITRAL Model Law on International Commercial Arbitration (“2006 UNCITRAL Model Law”) but contains certain important differences. On 26 December 2023, Azerbaijan adopted a new Law on Arbitration (“the Law” or “the New Law”) that regulates both international and domestic arbitration.

Corruption 52

Corruption Import Capacity Contract 52

Kluwer Arbitration

NOVEMBER 29, 2023

The 2013 Kishenganga Award allowed India to continue its projects on the Kishenganga but prohibited India from using drawdown flushing to disperse sedimentation if it led to water levels in the dam fall below the dead storage capacity.

Negotiation 52

Negotiation Participation Import Capacity 52

Kluwer Arbitration

NOVEMBER 11, 2023

Being accessible, however, is of utmost importance: it creates trust. And trust is an important currency in a PR expert’s field of work. Christopher Hauss added that lawyers generally do not have a big “risk appetite” and that they often have to be convinced to talk to the press.

Management 52

Management Efficiency Negotiation Capacity 52

Kluwer Arbitration

APRIL 1, 2024

As the criticisms of ISDS intensify, this year’s panel focused on the importance and means of amplifying the voices of developing States in ongoing reform efforts at the multilateral level, such as in the context of UNCITRAL Working Group III (“WGIII”) , and at the unilateral, bilateral and regional levels. Mr. Bigge and Ms.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

SEPTEMBER 2, 2024

The HCCH hence viewed the Choice of Court Convention as an important achievement, albeit one that required additional budling blocks. The rather broad scope of application established in Article 1 is then narrowed down by the specific exclusions as listed in Article 2 of the Convention.

Contract 52

Contract IT Import Capacity 52

Tracker Intelligence

FEBRUARY 16, 2025

The public sector procurement process is meant to guard against corruption, and all bids are supposed to be evaluated on predetermined criteria like quality, price and social value. Suppliers are frequently selected on the basis of their capacity to provide the needed goods or services at a reasonable cost.

Procurement 52

Procurement Tender Public Procurement Supplier 52

Kluwer Arbitration

JUNE 23, 2024

Article 6 deals with general technical assistance and “capacity building”, such as advice on dispute prevention, trainings, seminars, exchange of experience and serving as a repository of information. Yet important differences are at play. The advisory centre is billed as a response to these concerns.

Export 52

Export Finance Sustainability Capacity 52

Kluwer Arbitration

APRIL 28, 2024

He contended that the Trustees Act only permits arbitrations relating to disputes “between trustees, beneficiaries, or power holders in their capacity as such” and “does not apply to a claim by a settlor or donor of the trust” [191]. 91 of the Trustees Act.

Distribution 52

Distribution Capacity Corruption IT 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

Curbing Corruption in Government Contracting

JANUARY 21, 2020

Data limitations In all 3 countries, data quality has several important problems even after combining data from multiple sources and applying a range of data cleaning procedures. Hence, we matched contacts in the before and after groups according to key characteristics such as contract value, sector, or buyer type.

Bidder 40

Bidder Transparency Public Procurement Contract 40