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Despite this, the participation of Brazilian public entities in arbitration remains a subject of debate, even though legislative reforms aimed at resolving this issue were introduced nearly a decade ago ( see Law No. 13,129/2015 ). Moreover, the STJ decision in the REsp No. 9.307/1996 ) by Law No. 13.129/2015. 11.308/DF ( União v.
Challenge: In 2020, public procurement in the Dominican Republic lacked public trust and credibility due to several high-level corruption scandals. Corruption in public procurement makes us poorer and takes our rights away.” So the DGCP adopted a three-pronged approach to improve things.
Why it matters An overreliance on non-competitive procedures makes the procurement market highly vulnerable to corruption and inefficient public spending. In total, 1200 criminal corruption offenses were registered in Kazakhstan from January to July 2024 8.1% more than the same period in 2023.
To tackle this problem, the country has proposed wide-ranging legislation , including an anti-corruption package with measures to standardize the operations of Mongolia’s state-owned enterprises (SOEs) and ensure they follow consistent rules throughout processes like tendering and procurement, among others.
It is not just a participant in the digital revolution—it is its foundation. Fraud Detection : Machine learning models can monitor procurement transactions for irregularities, reducing corruption risks. Smart Contracts : Self-executing contracts automate payments and milestones, minimizing delays and disputes.
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.
Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s public procurement. Finally, the Anti-Corruption Agency is proactively supporting the development of civic monitoring and has agreed to cooperate with the civil society coalition to monitor procurement.
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. The agreements were not drafted, negotiated, or signed by the father or his sons.
Imagine a world where projects are monitored in real-time, complaints are reduced, and citizens actively participate in shaping their communities. Having formal arrangements through MoUs and building their capacity and understanding has led to good quality monitoring reports that are more actionable for us.”
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. And so you introduce a lot of complexity for any contractor that is thinking about participating in that market.
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.
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.
Parties are often wary of the complications possibly arising from the involvement of a third party in the arbitration in such capacity and role. The third party is allowed to participate in the initial arbitration, which includes in particular the right to participate in the constitution of the arbitral tribunal. 4 DIS-TPNR.
Jaime appeared in their personal capacities. The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations. Mr. Bigge and Ms. Canada and E.U.
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. in infrastructure projects. Past interviews are available here.
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.
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).
What has been encouraging to see, and in my view will continue, is that more and more practitioners from Hong Kong and the region, including many who are fully bilingual in English and Chinese, have started practicing in international arbitration and participating in thought leadership. How is HKIAC addressing them?
The Advisory Centre’s Mandate Participating in ISDS proceedings requires time and money. 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.
Indeed, for an “investment” to exist under the ICSID Convention the following criteria have been considered: i) contributions; ii) of a certain duration; iii) participation in the risk of the transaction; iv) contribution to the economic development of the host State. Kingdom of Morocco , §§ 50-58) is illustrative.
While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘ SIAC Manila Conference 2023: Deep Dive into Arbitration Trends ’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap the conference attendees at 500 practitioners, government representatives, and in-house counsel.
Among other things, the Convention will not apply to “(a) the status and legal capacity of natural persons; (b) maintenance obligations; (c) other family law matters, […]; (d) wills and succession; (e) insolvency, composition, […]; (f) the carriage of passengers and goods;” etc.
The Tribunal accepted Bolivia’s argument that it had limited capacity to control violent outbursts at the Colquiri Mine and that the use of force by police must be a last resort. Accordingly, it found that Bolivia’s actions were reasonable in the circumstances.
Promoting data skills and literacy throughout the public service via training and capacity building. Additionally, continuously running anomaly detection on claims and grievances would curb fraud and corruption. Employing data analytics and digital tools to customize government services, making them more responsive to people’s needs.
1.905.505-SP , the STJ ruled not only on the possibility of participation by a regulatory agency in arbitration proceedings between a concessionary and the relevant state entity, but also on the limits of extending the effects of an arbitral award over a non-participating third party (reported here ).
The arbitration proceeded without active participation by Malaysia, who maintained that the Agreement contained no arbitration clause. He advises and appears for Malaysian State entities in arbitral and litigation matters and is involved in a limited capacity in the Sulu dispute. Dr. Stampa determined a Spanish seat.
Satyendra was murdered over 20 years ago upon exposing corruption involved in the construction of India’s largest highway project at the time, which resulted in poor quality of work and the looting of public money. There also must be “careful thought through rewarding mechanism and capacity building for the enforcement agencies.”
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.
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. India characterised the arbitration proceedings as “ illegally constructed.”
Cooperation and Capacity Building at Arbitral Institutions in Asia This panel was moderated by Mr. Tony Andriotis (DLA Piper, Tokyo and JCAA Professional and Institutional Promotions Officer) and panelists discussed how arbitral institutions in Asia can cooperate towards increased capacity building.
Kee has been associated with the Moot since 1999 when he participated in the 6th edition of the competition as a student on the team at Deakin University. You are presently the only Director who has participated in the Vis Moot as a student (at the 6 th edition), and the only one who is common law-trained. Dr. Patricia Shaughnessy.
As a result, Asiana commenced court proceedings in Korea against GGK, seeking a declaration that the CA is null and void on the basis that GGK actively participated in the breach of trust by Mr Park by entering into the CA. It is written in the authors personal capacity, and the opinions expressed are entirely the authors own.
Aimed to promote fair and efficient operation in the electricity market, the Act provides rights and obligations of participants and sets standards and procedures for evaluating and settling generation costs (“terms and conditions”). Unlike South Korea, Southeast Asia has no nuclear plants or plans for nuclear energy.
Events At AAW, prominent practitioners from the Pacific region participated in a panel on International Arbitration in the PacificReform and Capacity Building (South Pacific Panel).
The Working Group III, during its 47th and 48th sessions (succeeding the 43rd and 46th discussions), discussed the draft statute of the Advisory Centre, which, per articles 6 and 7 of the draft statute, has the mandate of capacity building and provision of legal support and advice with regard to an international investment dispute proceeding.
As a quasi-judicial figure, an arbitrators liability in its jurisdictional capacity may stem from the improper exercise of their adjudicative duties. Follow along and see all of Kluwer Arbitration Blogs coverage of the 22nd ICC Miami Conference here.
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