Kluwer Arbitration

MAY 14, 2024

She noted the enduring relevance of the Report’s definition ( para. After that, she underlined three potential relations between ESG issues and FM clauses: FM clauses with general definitions followed by a list of FM events, including ESG-related issues. Similarly to cases involving corruption or money laundering.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

Kluwer Arbitration

JUNE 6, 2024

There is room and necessity to take a de novo look at this discussion, especially considering that there are many new participants in arbitration proceedings comparing to a decade ago. 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

MAY 11, 2024

They are designed to be applicable to all participants involved in the arbitration proceedings, and SVAMC is currently accepting feedback and suggestions on these guidelines here. These guidelines will serve as a point of reference for arbitrators. There are seven SVAMC guidelines that provide a framework for the use of AI in arbitration.

Participation 52

Participation Integration Integrity Efficiency 52

Kluwer Arbitration

FEBRUARY 8, 2024

(China PR) ); (b) the awards not being for a “definite and discernable amount” ( Costco Wholesale Corporation v. Ordinarily, “a party’s participation in a proceeding (including through counsel) would […] evidence that a party had notice of that proceeding” (para. Additional 2023 year in review posts are available here.

Consulting 52

Consulting Participation Corruption IT 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

SEPTEMBER 23, 2024

Today the majority of teams have participated in numerous pre-moots either in person or online. So far, it has worked … but there is definitively room for improvement. On the other side, the arbitrators should definitively avoid creating the impression that they want to force the Parties into a settlement.

Supply Chain 52

Supply Chain Supplier Balance Participation 52

Kluwer Arbitration

NOVEMBER 19, 2023

The 12th Asia-Pacific ADR Conference , the flagship event of SAF 2023, took place on 1 November 2023 and was attended by approximately 300 participants on-site as well as other attendees simultaneously joining the conference online. It covered a broad range of topics over four sessions. More coverage from Seoul ADR Week is available here.

Efficiency 52

Efficiency Purchasing Data Finance 52

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.

Contract 52

Contract Capacity Utilities Corruption 52

Kluwer Arbitration

MARCH 20, 2024

However, she stated that the ISDS system in Europe was definitely undergoing a change: investors consider filing less claims and there is an increased interest in settling rather than litigating. Conclusion Laborde Law’s conference allowed the participants to delve into two fascinating topics on the subject of investment arbitration.

Negotiation 52

Negotiation IT Corruption Quality 52

Kluwer Arbitration

JUNE 22, 2024

The variety of situations that fall under this definition seems to indicate the complexity of the topic: there are countless potential impossibilities in arbitration. Lastly, Alex Wilbraham focused on measures for tribunals when a third-party funder is involved.

Insurance 52

Insurance Integration Integrity IT 52

Kluwer Arbitration

OCTOBER 27, 2023

Brunner suggests, parties’ participation in shaping solutions is definitely a better alternative than an outright intervention by adjudicators. This could arguably be considered an intervention by the tribunal. Regardless, as Prof. To that effect, Prof. Brunner echoes Prof. Westinghouse (1984) and Gasum v. Gazprom (2022).

Contract 52

Contract Balance Negotiation Insurance 52

University of Bristol

AUGUST 23, 2021

NHS commissioning takes place in a largely in-house environment where NHS buyers commission services primarily from NHS suppliers, but also with mixed private participation by both for-profit and third sector providers. Moreover, the proposal includes specific rules on the management of such lists (points 7.7

Tender 52

Tender E-procurement Procurement Transparency 52

Whistleblower Network News

JUNE 5, 2024

At the Constitutional and Unity Conference in Bangalore in February, participants in a closed-door session on whistleblowing emphasized the need to incorporate human rights defenders and journalists, among other groups, into whistleblower-organizing efforts and a comprehensive whistleblower protection law.

Participation 100

Participation Corruption Accountability Media 100

Kluwer Arbitration

NOVEMBER 28, 2023

Treatment of dual nationals under the BIT The BIT contains a definition of “investor” that includes natural or legal persons who hold the nationality of any of the contracting parties (BIT, art.

Negotiation 59

Negotiation Balance Contract Corruption 59

Kluwer Arbitration

JANUARY 8, 2024

Particularly, the National Code treats the referral to arbitration as a procedural defense ( excepción procesal ) available to defendants in court proceedings and allows parties to agree to arbitration even after the commencement of a judicial proceeding but before the definitive judgment.

Insurance 52

Insurance Collaboration Education Participation 52

Whistleblower Network News

DECEMBER 6, 2023

The conference, organized by WhistleblowersUK , featured a packed agenda , including sessions on the importance of whistleblowers in combatting corruption in the financial, Tech/AI, and healthcare industries. Advocates say this definition is essential to ensure that the criteria to qualify as a whistleblower are broad.

Whistle-blowing 109

Whistle-blowing Corruption Media Finance 109

Whistleblower Network News

JUNE 3, 2024

The workshop on whistleblowing was facilitated by activist Nikhil Dey , who founded Mazdoor Kisan Shakti Sangathan (MKSS) and was attended by around 50 activists, academics, journalists, policymakers, and anti-corruption practitioners. One primary goal of the workshop was to expand the definition of whistleblowing.

Corruption 52

Corruption Participation Networking Government 52

Kluwer Arbitration

NOVEMBER 22, 2024

Similarly, the CETA , the Indian Model BIT and the Dutch Model BIT offer some definitions of “substantial business activity” and “control”. Likewise, breaches of law and issues of corruption normally could not be identified by the State before the dispute was notified. The participants look forward to the next edition in January 2025.

Corruption 52

Corruption Contract Thresholds IT 52

Kluwer Arbitration

DECEMBER 4, 2024

Although not explicitly addressed in the Award, it is understood by the author of this article that the delayed participation of the joining parties (TPP and TMC) was prompted by Respondents raising pivotal issues related to the calculation of the PSF. Are TPP and TMC Parties to the Agreement? We now await the Respondents’ answer in the U.S.

Contract 52

Contract Negotiation Transportation Transportation 52