Federal News Network

OCTOBER 21, 2024

There’s definitely some satellites that are in operation that probably don’t have software update capabilities. And so we need solutions that can help protect against memory corruption vulnerabilities, where an adversary can use an external interface or sensor or a wireless communications interface and take over that space system.

Manufacturing 105

Manufacturing Import IT Corruption 105

Kluwer Arbitration

JULY 8, 2024

It found that neither the contract nor the addendum was void due to the corruption allegations. Circuit focused its analysis only on the following two grounds under Section 10 of the FAA: Section 10(a)(1): Where the Award Was Procured by Corruption, Fraud, or Undue Means The D.C. In 2020, the arbitral tribunal rendered its decision.

Corruption 52

Corruption Contract Procurement IT 52

Kluwer Arbitration

JANUARY 27, 2024

What changes will you make in the coming 5 years and what will definitely remain? 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

Corruption 96

Corruption Quality Participation Data 96

Kluwer Arbitration

JUNE 26, 2024

While that definition undoubtedly would cover sophisticated machine-based systems such as ChatGPT, it might also cover rudimentary machines that the drafters of the Rules may not have intended. The breadth of this definition impacts parties that incorporate the JAMS AI Rules into their agreements.

Transparency 52

Transparency Import Efficiency IT 52

Kluwer Arbitration

JUNE 20, 2024

This includes a fairly broad and future-oriented definition of AI, provisions on safeguarding confidentiality and furthermore, ensuring the integrity of the arbitral proceeding. However, before having a deeper look into the Guidelines themselves, one question needs to be answered: is there even a need for further rules?

Evaluation 52

Evaluation Thresholds Ethics Accountability 52

Kluwer Arbitration

MAY 29, 2024

Because the amendment has only been made to the Arbitration Act 2010, the definition of “dispute resolution proceedings”, while broad, only covers arbitrations or other forms of dispute resolution proceedings that arise out of, or are in connection with, international commercial arbitration. The Resolution observed in its Introduction (para.

Corruption 52

Corruption Transparency Demand IT 52

Kluwer Arbitration

NOVEMBER 6, 2023

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 Once again, the Court demonstrated a favorable and respectful stance towards arbitration.

IT 98

IT Contract Corruption Government 98

Kluwer Arbitration

JUNE 6, 2024

The panel discussion was followed by a Q&A session during which questions primarily focused on issues of corruption.

Ethics 52

Ethics Corruption Balance Transparency 52

Kluwer Arbitration

FEBRUARY 28, 2024

The travaux preparatories of the Convention titled “ Report by the Secretary General ” dated 31 January 1956 indicate that whilst the contracting states considered including a definition of the term ‘arbitral award’ but, later, each Contracting State was given the flexibility to define its respective parameters.

Import 52

Import Thresholds Contract Corruption 52

Kluwer Arbitration

OCTOBER 8, 2023

Instead, among the assets listed in NAFTA’s definition of investments in Article 1139, they refer to GSI as an “enterprise”, “ equity and security ” through the Einarssons owning all of GSI’s shares, the Einarssons’ loans to GSI, and the interests from profit-determined remuneration by GSI ( paras. The claimants in Einarsson v.

Data 64

Data Media Import Corruption 64

Kluwer Arbitration

MARCH 2, 2024

In particular, the absence of a definition of the term ‘arbitration’ gave rise to uncertainty and controversy which the CJEU was asked to resolve. In this regard, the Court of Justice of the European Union (“CJEU”) was requested to rule on the scope of the arbitration exclusion.

Evaluation 52

Evaluation Balance Corruption Efficiency 52

Kluwer Arbitration

JULY 27, 2024

Older generations of arbitrators are aging out and, by definition, younger arbitrators have sat in far fewer cases, making their incidentally published awards even more scarce. Arbitrator Intelligence sought to solve this problem much the way UBER solved transportation problems. Long live arbitrator intelligence!

Data 52

Data Transportation Transportation Import 52

Kluwer Arbitration

MAY 17, 2024

Uzbekistan , on the use of inferences to presume the existence of corruption in an investment), caution is warranted. This post does not intend to draw a definitive conclusion from the parties’ behavior, but instead encourages the integration of behavioral economics, when appropriate, to the application of inferences in arbitration.

Corruption 52

Corruption Evaluation IT Efficiency 52

Kluwer Arbitration

SEPTEMBER 23, 2024

So far, it has worked … but there is definitively room for improvement. There definitively is a tendency towards amicable settlement under the DIS Rules, and the provision gives the arbitrators a justification to ask at different times during the proceedings whether there is a chance of a settlement. Past interviews are available here.

Supply Chain 52

Supply Chain Supplier Participation Balance 52

Kluwer Arbitration

NOVEMBER 5, 2023

An estimation of the quantum of a claim is admissible if a definitive determination is not possible or associated with disproportionate difficulties. 287 ZPO offers a different perspective. By comparing Sec. 1) An estimation under Sec. 4 (2023), which is also included on Kluwer Arbitration.

Corruption 52

Corruption IT Contract 52

Kluwer Arbitration

NOVEMBER 19, 2023

Definition and Examples of Digital Assets Mr. Speller first offered a definition of the term “digital assets” in laymen’s terms: an “asset” is something of value, while “digital” means comprised of data, particularly numeric data. More coverage from Seoul ADR Week is available here.

Efficiency 52

Efficiency Purchasing Data Finance 52

Kluwer Arbitration

AUGUST 27, 2024

Bright line” rules This same emphasis on practicality can be seen in the Draft Act’s definition of “international commercial arbitration”. If a law achieves those ends, it is a good law. What matters is the end result, not the doctrinal purity of the approach adopted.

Contract 52

Contract Innovation Capacity Corruption 52

Kluwer Arbitration

NOVEMBER 3, 2023

The Brazilian arbitration market will definitely follow closely the next decisions to be issued by the STJ Chamber and the STF on this case.

Participation 52

Participation Evaluation Bidding Public Bidding 52

Kluwer Arbitration

NOVEMBER 21, 2023

The AMA also lacks precise directions for the ART’s conduct of proceedings, as the requirements to align with the parties’ agreement and “ appropriate manner ” lack definition. Additionally, it can increase the time frame of the resolution process.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

OCTOBER 27, 2023

Delamuta then compared the concepts of fundamental breach and definitive default provided in the paragraph of article 395 of the Brazilian Civil Code. Follow along and see all of Kluwer Arbitration Blog’s coverage of the CBAr 22 nd International Arbitration Conference her e.

Contract 52

Contract Import Ethics Corruption 52

Kluwer Arbitration

AUGUST 5, 2024

In our view, a substance over form approach is preferable, and this approach is consistent with the Court’s definition of a final award in Voltas v York. However, the Court did not comment on whether an express reservation of jurisdiction can be established in an award that is labelled as a “Final Award”.

IT 52

IT Corruption Demand 52

Kluwer Arbitration

NOVEMBER 20, 2023

The COC then provided the definition of public policy as determined by court decisions and what it encompasses under the law. In doing so, it referenced Article 53 relating to the grounds of annulment of an arbitral award amongst which the non-arbitrability of the subject matter of the dispute.

Contract 64

Contract Corruption IT 64

Open Contracting Partnership

NOVEMBER 4, 2024

” Verónica Valle, Director, ChileCompra Transparency and access to information In late 2023, ChileCompra introduced a campaign called “Stop Corruption”, to promote the Observatory’s channels for citizens to submit confidential complaints.

Procurement 62

Procurement E-procurement Tender Purchasing 62

Kluwer Arbitration

MARCH 10, 2024

The evidence before the tribunal showed that snow crab had generally been treated as falling within the definition of UNCLOS Article 77(4) (para. Likewise, the tribunal rejected that Norway’s treatment of the snow crab status was arbitrary or that it demonstrated a lack of good faith.

IT 52

IT Corruption Accountability Integration 52

Kluwer Arbitration

AUGUST 10, 2024

Yet a relevant report released by the International Council for Commercial Arbitration (‘ICCA’) has definitively concluded otherwise. Although the new norm of virtual hearings has become common, some are concerned about their adoption, alleging a violation of the right to a physical hearing and consequently access to justice.

Balance 52

Balance Evaluation Import Utilities 52

Kluwer Arbitration

MARCH 24, 2024

It also addresses previously unaddressed issues by incorporating specific definitions and notably abandons the fair and equitable treatment standard, replacing it with a new standard of fair administrative and judicial treatment.

Balance 52

Balance Corruption IT Management 52

Kluwer Arbitration

FEBRUARY 8, 2024

China PR) ); (b) the awards not being for a “definite and discernable amount” ( Costco Wholesale Corporation v. 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

Consulting 52

Consulting Participation Corruption Negotiation 52

Kluwer Arbitration

DECEMBER 2, 2023

Anticipating additional caselaw on the definition of a “direct relationship” is both of interest and a potential necessity, as the amended provision introduces ambiguity surrounding this specific definition. What constitutes a “direct relationship” remains unclear, leaving room for various interpretations and potential disputes.

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

OCTOBER 22, 2023

For policymakers, reconciling the definition of arbitrability with the concept of public interest will offer better clarity for parties who may consider arbitration. Conclusion The Maynilad ruling is a welcome decision as it affirms party autonomy and sheds light on what is considered arbitrable under Philippine law.

Logistics 52

Logistics Utilities Government Government 52

Kluwer Arbitration

JULY 2, 2024

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 The SFSC held that under these circumstances, it did not need to take the alleged facts into account (para.

Thresholds 52

Thresholds Price IT Corruption 52

Kluwer Arbitration

JUNE 7, 2024

The definitions of ownership and control are critical for determining whether companies are subject to sanctions due to indirect control by sanctioned individuals. Complications arise in determining who is affected by these restrictions beyond the specifically designated individuals.

Influencing 52

Influencing Logistics Export Collaboration 52

Kluwer Arbitration

MAY 19, 2024

423 of the Act provides the definition of a transaction at an undervalue and the consequential order that the court can make in those circumstances. Application of s.423 423 of the Act in Enforcement of Arbitral Awards S.423 423(1) of the Act.

Purchasing 52

Purchasing Corruption IT Management 52

Kluwer Arbitration

MAY 11, 2024

It emphasizes the arbitrator’s responsibility to critically assess AI outputs, ensuring they do not mistakenly take them as definitive sources without independent verification of their reliability. The panel discussion closed with the remarks that these guidelines are still in draft form and are open to suggestions.

Participation 52

Participation Integration Integrity Efficiency 52

Kluwer Arbitration

MARCH 22, 2024

Although inherent powers are not something faced everyday in international commercial arbitration, their definition and use create obvious uncertainties and challenges to both the arbitrators and the parties making it necessary to pay more attention to this very specific tool in international arbitration.

Integration 59

Integration Integrity Consulting Accountability 59

Kluwer Arbitration

NOVEMBER 17, 2023

In light of the above reasons, the court ruled that the award rendered by FPSC does not fall within the definition of an “arbitral award” under the New York Convention. Moreover, the award issued by FPSC is not final because such award does not preclude the parties from seeking recourse to the local court or CAS.

Price 59

Price Negotiation Innovation Finance 59

Kluwer Arbitration

DECEMBER 1, 2023

The Agreement Should Not Have Been Declared Unconstitutional I) The Agreement Does Not Yield Sovereign Jurisdiction The Court adopted the legal definition of “jurisdiction” as the power to adjudicate and enforce judgments to define “sovereign jurisdiction”. Indeed, the COPCI provides for mandatory arbitration in investment contracts.

Capacity 52

Capacity Contract Utilities Corruption 52

Kluwer Arbitration

NOVEMBER 2, 2023

The CAM Santiago Arbitration Rules provide (Article 21 bis ) that the requesting party shall file a request for arbitration or a request for the constitution of the definitive arbitral tribunal within the same term, along with its lawsuit.

IT 52

IT Corruption Demand Accountability 52