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As part of Paris Arbitration Week 2025 , ESSEC Business School hosted a roundtable discussion on The Growing Influence of Criminal Law in International Arbitration. First, how arbitration engages with criminal lawparticularly the way tribunals handle corruption allegations and other criminal issues that arise during proceedings.
that prohibits SETA contractors from using their insights and influence to gain an unfair advantage or worse, commit fraud. Some major technology companies have sought to influence government contractors through kickbacks, job offers and special discounts. conflict of interest and false claims rules. Congress must enforce FAR 9.5
Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s public procurement. While there is no simple way of measuring the impact of all civic monitoring activities, some impressive achievements have been documented. million (~US$24,000) were returned to the budget.
While employed, Krupski had taken photos to document production safety issues, specifically the use of a rolling table that employees put under a car when removing a battery. OK, please let me know if there’s anything we should still do,” Mr. Musk replied, according to a copy of the email included in legal documents.
However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.
Factors in favour of arbitration included the reduced scope of document production, the streamlined approach to cross-examination, and a more logical approach to the admissibility and relevance of evidence. This aligns with the sentiment that ‘documents don’t lie’, as noted by Dr. iur. 23 and 24).
Likewise, in Canada, the Personal Information Protection and Electronic Documents Act outlines data subjects’ rights as principles for organisations to follow. Despite being hailed as a significant advancement in data protection, the consent-based model brings its own challenges.
The Chair of the Tribunal, Lord Hoffmann, then intervened with his own cultural reference and said: “ There is a passage in I think it is Shakespeare’s Henry VI where one of the rebels says: ‘Isn’t it terrible that people should be able to get into such trouble just by signing a document? Let’s kill all the lawyers. ’” ( Nigeria v.
It clarifies the position of the courts on vital issues such as the enforceability of mediation clauses, the role of mediators and the legal value of the documents they produce, as well as the relationship between any prior steps of mediation and arbitration. The reasonings for this were not clear.
In particular, Mr. Paulsson raised concerns as to the increasing complexity and length of arbitration documents, who are often written by young authors unknown to the parties. He highlighted the shift from a time when arbitration was a niche practice to its current status as a specialized and full-time profession.
Crypto, block-chain and AI technology will all influence business transactions over time, meaning the type of disputes will evolve. These initiatives are bound to influence approaches to private dispute resolution as well, including arbitration. Singapore too is pursuing similar initiatives.
This guide examines the fundamentals of public procurement, including fairness, value for money, and transparency, and how they influence both ethical and effective procurement procedures. A transparent approach lowers procurement risk, prevents corruption, and fosters confidence between suppliers and public sector organisations.
Arbitrations under this procedure are proposed to be heard by a sole arbitrator and, unless the tribunal decides otherwise, shall be decided on the basis of written submissions only with no document production, and no fact or expert witness evidence. in the draft 7th ed. SIAC Rules.
The first panel, moderated by Professor Alejandro Garro (Columbia Law School), aimed to identify an effective toolkit for managing evidence in construction cases, which generally involve multiple technical issues, numerous technical expert reports, and thousands of documents. Duclos agreed that understanding the major disruption is essential.
2023) , the Supreme Court affirmed a Ninth Circuit’s ruling that green-lighted a private civil suit under the Racketeer Influenced and Corrupt Organizations Act (RICO) against persons alleged to have interfered in the enforcement of a foreign arbitral award that had been previously confirmed in the U.S. 22–381 (U.S. 5th 596 (Cal.
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. Community authorities also develop the project documentation, including cost estimates.
Visconte previously noted, Professor Armesto’s reputation precedes him, given his extensive work and own document production schedule (previously covered here ). In closing, Professor Armesto predicted that arbitration would become increasingly influenced by climate change concerns.
For instance, counsel frequently employ AI tools for document review and research purposes, and there is a rising demand for these systems in transcription and translation tasks. in Cavinder Bull, Loretta Malintoppi, et al., (eds), eds), ICCA Congress Series, Volume 2, pp. 683 – 694 (2023)).
Lew provided three optimisation avenues: (1) simplify the procedure by reducing the length of unnecessary submissions, (2) only use document production to the extent necessary and familiar to both parties, and (3) rethink witness evidence, particularly witness statements drafted by counsel.
This suggests that the intervention increased the level of competition in tenders that were already competitive, but it increased the share of high-corruption risk, single-bidder contracts in the very short-run. It might make sense to combine procurement data with interview evidence, document reviews and survey data.
Ms Lees provided a number of examples in her experience sitting as arbitrator where the cultural and legal background of a party influenced the way in which they presented their case, including the presentation of witness and documentary evidence. Second, lawyers need to know how to work in a streamlined manner with interpreters.
Hemmingsen explained that price methods vary based on the type of damage and documentation and gave some examples of the most famous of them. She advocated for the principle that parties should be placed in the position they would have been if the fault had not occurred.
A recurring problem identified by the panel was that legal teams are often pressured to send a letter or submit a document when this legal analysis has not been finalized. Further, appointments are more and more influenced by the utmost necessity to promote diversity, in all circumstances.
Non-papers are informal documents usually put forward in closed negotiations with EU institutions. The Commission notes that this provision was influenced by the CJEU’s opinion on CETA , which recognised the importance of general exceptions in EU agreements and their impact on the autonomy of the EU legal order.
The influence of counsel was often more discernible in written witness statements than oral evidence. What matters is the documentation. By requesting a detailed PO1, the parties can set their expectations for the tribunal. The panelists held different views on the merits and weight of witness statements and oral evidence.
Conversation on the Geopolitics of International Commercial and Investor-State Arbitration The conversation between Ms Lucy Reed (President, SIAC Court of Arbitration) and Minister Shanmugam, SC canvassed the geopolitical state of play and its influence on international commercial and investor-State arbitration.
Factors influencing these choices include the backing of a robust and pro-arbitration judiciary, comprehensive legislative frameworks, and legal predictability. These applications include accelerating award accessibility, document analysis, relationship mapping, and AI-generated summaries.
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 Damage claims are renowned for their inherent complexity, it is thus imperative to prepare for it preemptively.
For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted. This involves documenting the evaluation of potential alternative supplies and explaining why they could not satisfy the requirements.
The key issues of the KG’s decision are (1) the service of documents through public notification and (2) the declaration of the admissibility of arbitration. In October 2022, the KG requested through the Russian Ministry of Justice the service of documents to RZhD in accordance with the 1965 Hague Service Convention (“Hague Convention”).
Particularly, the Court annulled an arbitral award after a disciplinary recourse was filed by the respondent against a sole arbitrator and granted for a reason which is highly unusual: the metadata of the award’s PDF document showed the claimant’s lawyer as the author.
Tanya Ward Jordan: Challenging Corruption in the Federal Government In the late 1990s, Tanya Ward Jordan exposed deep mismanagement and civil rights violations at the Department of Commerce. This allows for better monitoring within the government workforce and challenges the influence of corruption.
Yoshimi Ohara (Nagashima Ohno & Tsunematsu, Tokyo) considers the seat to be important because it influences the style of arbitration, which is often shaped by the court practices of the jurisdiction. This may impact how document production is managed in an arbitration.
The Good As was discussed here , over the past year, AI-driven technologies have been increasingly used by arbitral tribunals, institutions, and counsel to assist with tasks such as document review, document drafting, and data analysis. South Africa) prohibiting the arbitration of certain types of IP disputes altogether.
Key topics included how disputes are viewed within business and legal departments, cultural and structural factors influencing the adoption of arbitration, effective use of arbitration as a tool to facilitate settlement, and the use of third-party funding to mitigate the risk of arbitration.
The question therefore was whether this final vote was the result of illegitimate government influence; however, the majority concluded that there was no evidence on the record that leads to this conclusion (Award, para. All claims were ultimately dismissed by the majority. The Tribunal permitted the communities as NDPs, but not CAJAR.
While standard contracts and practices can provide structure, complications arise when hybrid or atypical arrangements are used – particularly in multinational projects where differing legal systems, professional cultures, and documentation habits collide. This disconnect can complicate the management of costs on construction projects.
The study highlights the significance of a thoroughly documented legal literature in Jordan to guarantee a dependable legal environment conducive to domestic and international business.
The Commission supported developing the draft toolkit as a descriptive, evolving document illustrating States’ practices. The outcomes of 2024s deliberations are poised to influence ISDS reform efforts in 2025 and beyond. The Commission took note of the progress made and the status of work on the draft toolkit ( A/79/17 , paras.
How has your New Zealand heritage shaped and influenced your worldview during the course of your career? This is perhaps made worse by electronic filing, where lawyers have less incentive to consider carefully whether a document or an argument is really necessary. I think this is an area which could be much improved in the future.
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