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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.” Efficiency is key. So the DGCP adopted a three-pronged approach to improve things.
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.
Inter-Personal Conduct and Ethics For the first parallel panel of the early afternoon session, moderator Abby Cohen Smutny was joined by speakers Funke Adekoya , Brandon Bang , Nicolás Gálvez Solis , Matthew Gearing KC and Jonathan Lim to discuss ICCA’s Guidelines on Standards of Practice.
This is a missed opportunity, especially when considering that one of the primary goals of arbitration is to resolve disputes efficiently and cost-effectively. Bermann considered it unlikely but agreed that tribunals should remain mindful of professional and ethical standards. From a U.S.
In international arbitration, parties or arbitrators could consider using emotion AI to enhance efficiency and due process (or to gain a strategic and tactical advantage). Although applications are varied, we will focus on two uses: (1) efficiency through facilitating settlement; and (2) due process through ensuring arbitrator attentiveness.
This is a step in the right direction because it now requires all the local UAE and foreign arbitration institutions that contain UAE as the seat of the arbitration, to have a governance process and ethical code of conduct for arbitrators, encouraging reporting on unethical behaviour of arbitrators. from the arbitrators’ side.
These pivotal topics comprised: the ethical considerations guiding arbitration, the transformative impact of technology in arbitration, and the evolving values and expectations that drive the international arbitration community. Another focus was the tension between due process and efficiency in arbitration proceedings.
Ethical Dilemmas Arising in Mediation Following brief opening remarks by Edna R. The panelists offered their reactions to these diverse ethical dilemmas, drawing on their experience to offer views from counsel and mediator perspectives.
These public procurement principles allow businesses of all sizes to participate equitably, protect the integrity of taxpayer money, and encourage competition and efficiency. A transparent approach lowers procurement risk, prevents corruption, and fosters confidence between suppliers and public sector organisations.
Electronic data review has become commonplace, offering efficiency over manual methods, especially for extensive data. However, the use of AI necessitates ethical and procedural considerations. Potential concerns arise with regard to (deep-)fakes in videos, photos and audios.
The panel delved into (i) the mechanisms and challenges of dispute resolution in the decentralized space, and (ii) the integration of artificial intelligence (“AI”) into judicial systems and arbitration proceedings and the underlying legal and ethical considerations.
The latest (yet to be published) revisions, include inter alia: a focus on cost-efficiency by introducing (i) an early determination possibility, and (ii) expedited arbitration proceedings. de Witt Wijnen explored several ethical dilemmas. Further to that, Prof. The panel, which included Prof. Pietro Ortolani , Prof.
Key Issues in the Ethics of International Arbitration Practice The second panel addressed key issues in the ethics of arbitration, in a session moderated by Erin Collins (Associate, DLA Piper LLP) and a panel composed of M. The panel discussed the ethics of expert preparation across legal cultures. Further, Ms.
However, the potential of AI to bring further efficiency comes with its own set of risks and issues. 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
Beyond the Bottom Line: Social value prioritises community well-being over just financial efficiency. Contracts that seek to provide energy-efficient solutions and implement waste-minimisation strategies to promote activities with minimal environmental impact.
For all its benefits, however, the use of ChatGPT is not without risks, both professional and ethical. One contributor further analyzed the ethical implications of ChatGPT use, highlighting the issue of equality of arms with a nod to Plato’s Republic. The use of AI gives rise to further issues of party consent and tribunal discretion.
A blanket prohibition on AFAs, originally intended to safeguard against potential abuses and uphold ethical standards, now risks access to justice and the equitable resolution of disputes. ‘G’, A Senior Advocate Of The Court v.
He suggested that the concern over costs of arbitration could be addressed by introducing substantive and procedural rules on costs, ensuring the efficient conduct of proceedings, and by harnessing the potential of generative artificial intelligence to make arbitration more efficient and cost-effective. in the draft 7th ed. SIAC Rules.
Mr. Paulsson further emphasized the need to maintain ethical standards and avoid the pitfalls of professionalizing arbitration too much, which could lead to a system where decisions are influenced by factors other than merit. Complementing this, the Commercial Transactions Law addresses specific commercial activities.
Advancing ADR Efficiency through AI Integration The panel made a case for integrating AI into ADR, emphasizing its potential to make ADR processes faster, more efficient and cost-effective, and enhance fairness particularly for self-represented individuals and those involved in smaller non-complex disputes.
The changes provide not just incremental improvements for efficiency and integrity of proceedings, but also changes to reflect developing societal norms, such as environmental impact and diversity. It is widely recognized that technology can increase efficiency in arbitration proceedings.
Procurement is thus seen as a mechanism of ‘regulation by contract’ whereby the public buyer can impose requirements seeking to achieve broad goals of digital regulation, such as transparency, trustworthiness, or explainability, or to operationalise more general ‘AI ethics’ frameworks.
Inter-Personal Conduct and Ethics For the first parallel panel of the early afternoon session, moderator Abby Cohen Smutny was joined by speakers Funke Adekoya , Brandon Bang , Nicolás Gálvez Solis , Matthew Gearing KC and Jonathan Lim to discuss ICCA’s Guidelines on Standards of Practice.
While most professional rules, which an arbitrator (subject to their profession) may be bound by, dictate certain standards of professional conduct, including ethical standards, there are no such rules when it comes to arbitration.
Highlights include “Arbitrating in a Time of Trade War: Successfully Navigating the Minefields of National Security, Cross-Border Data Restrictions, Sanctions and US-China Decoupling to Achieve Fair and Efficient Cost Resolution,” and “The Swords and Shields of Arbitrating IP Disputes in California and Beyond.” Vitaly Ivanovich Smagin , No.
Stefan Deaconu (Court of International Commercial Arbitration, the Chamber of Commerce and Industry of Romania) emphasised the importance of maintaining trust in the arbitral process, tracing back to ethics, legitimacy, and personal reputation. Ethics and Conflicts in International Arbitration Panel 1 was moderated by Julie Bedard.
Secondly, P&ID continued to bribe during the arbitration process to hide the previous corrupt payments to the same individual (§509). The latter will need to provide an explanation to the ethical committees of their respective barristers’ and solicitors’ bars since the judge sent a copy of his award to these regulators. (§593)
The key is designing enduring infrastructure to shepherd data from acquisition through analytics, to continuously learn and serve all Canadians efficiently. Additionally, continuously running anomaly detection on claims and grievances would curb fraud and corruption. times more energy efficient than traditional data centers.
JAMS describes these new rules as “clear guidelines and procedures that address the unique challenges presented by AI, such as questions of liability, algorithmic transparency, and ethical considerations.” These expedited procedures are a significant step towards streamlining arbitrations, making them more cost and time efficient.
In her words, “a s lawyers, we play a very important role in ensuring the expeditiousness and efficiency of the procedure ”. He began his remarks by pointing out that “ success fees are not accepted everywhere ”, emphasizing the significance of local culture and local ethics in interpreting this concept.
The need for such advancements to be integrated into institutional rules was underscored, acknowledging that technology is an enabler for more efficient arbitration. The panel reached a conclusive consensus to emphasize the need for ethical, fair, and transparent deployment of AI in arbitration.
Joel Altschul (EY) then illustrated the various ethical considerations that must be considered when engaging with such technology. Identifying and Confronting the Challenges of Corruption in Arbitration As highlighted by Ignacio Torterola (GST LLP), and originally stated in an ICC award , “corruption is an international evil”.
While the latter group has indeed contributed to an orderly improvement of the ISDS processes with focus on ethics, transparency and efficiency, the former group has forced terminations of several treaties and the triggering of sunset clauses with rather little tangible outcomes. Loukas Mistelis, Co-Editor-in-Chief Prof.
These barriers should be dealt with if the aim is to guarantee that public funds are expended in a transparent, lawful, and efficient manner. Fraud and Corruption Risks Bid rigging, favouritism, and a lack of transparency in processes undermine public confidence and effectiveness.
Hong Kong In June 2024, the Hong Kong International Arbitration Centre (HKIAC) introduced revised arbitration rules aimed at enhancing procedural efficiency and addressing the evolving needs of users. Garth on ethical foundations in arbitration, followed by panels on cultural sensitivity and biases in decision-making.
Nigeria respectively, the country aims to adopt a more proactive and efficient approach, in managing international disputes. Furthermore, the Policy encourages the creation of specialized judicial divisions and strengthening ADR centres to enhance the efficiency of justice delivery (paragraph 13(e)). Nigeria and Zhongshan v.
She posed thought-provoking questions on how arbitrators should contribute to efficient dispute resolution. During the speech, Edna discussed several key efficiency measures that, although admittedly not groundbreaking, if implemented continuously and correctly, can shape the future of arbitration.
Whilst these tools can reduce costs and increase efficiency in the arbitration process, they can also raise significant regulatory and ethical questions in relation to risks of fairness and bias, some of which have been addressed in the 2024 AI Act and the 2024 guidelines set out by the Silicon Valley Arbitration & Mediation Center (SVAMC).
They called for the inclusion of users and experts to ensure technical soundness and efficiency. This is particularly problematic given that many involved in establishing these centers lack arbitration experience, and some demonstrably lack ethical standards.
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