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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.
The Draft Rules introduce several noteworthy changes as part of a concerted effort to “raise the bar on efficiency, expedition, and cost-effectiveness” ( see SIAC Registrar’s Report ). This post places the spotlight on key provisions in the Draft Rules specifically aimed at bolstering efficiency. and kevinnash@siac.org.sg
Smart public procurement refers to making optimal decisions to minimize waste and enhance the quality, efficiency and sustainability of public spending when purchasing and contracting goods, works and services. This reduction would not only lead to lower interest expenses but also stimulate GDP growth by fostering a more efficient economy.
Serious Irregularity The leading authority on Section 68 challenges is RAV Bahamas Ltd and another v Therapy Beach Club Inc [2021] UKPC 8 , which prescribes that intervention should be limited to ‘extreme’ cases and that the test of serious irregularity imposes a ‘high threshold’. There are a number of reasons for this.
This is a missed opportunity, especially when considering that one of the primary goals of arbitration is to resolve disputes efficiently and cost-effectively. To conclude, while facilitating settlement is crucial from all sides, it remains important to recognize the thresholds and respect the boundaries of a fair and balanced process.
With a mandate to prevent, investigate, and prosecute corruption, one of the Integrity Commission’s core functions is to oversee public procurement. There was huge enthusiasm in the room for developing a user-friendly tool to detect corruption in contracting.
The UK Court of Appeal has affirmed arbitration as the most cost-effective and efficient supranational dispute resolution procedure for such cases. Such financial constraints can discourage individuals from pursuing their privacy rights, emphasising the need for a more accessible and cost-efficient ADR mechanism.
In response, the Abu Dhabi Chamber of Commerce and Industry (“ Chamber ”) launched an initiative to improve the quality and efficiency of international dispute resolution in the Emirate. million – a response to the growing criticism directed at DIAC’s significantly lower threshold of around USD 270,000. million in value.
Giuseppe Busia, President of Italy’s National Anti-Corruption Authority (ANAC) highlighted digitalization as a key element to prevent corruption and improve efficiency in public procurement and provided concrete examples of how ANAC collaborates with civil society to pursue data-driven approaches to anti-corruption.
She also highlighted the high threshold in Denmark to set aside an award based on an arbitral tribunal’s action, especially if such action is covered by the national law, institutional rules and/or procedural orders. 2016.1558/2H), which sets a high threshold for any setting aside arguments. The Supreme Court decision (U.2022.1117)
The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. In order (sic) words, public procurement is rich in data, but poor in making it work for taxpayers, policy makers and public buyers.
Following our theoretical framework, we also expect transparency effects to unfold over time with many effects arising through the help of stakeholders – journalists picking up stories based on newly available data, buyers learning about procurement markets or bidder finding new opportunities more efficiently.
Six procedures were registered in the first edition, proving this initiative to be efficient. decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. This does not cover field of play matters (i.e.,
He concluded by recalling the economic analysis of law reading of tort law as a threshold to identify acceptable risks, which seems to make it a particularly suitable tool in the fight against climate change. of the Paris Agreement.
For example, establishing the threshold for prejudice, setting standards for the recusal of arbitrators, outlining mandatory disclosure requirements, and building a body of precedent will be crucial to providing a comprehensive framework for the qualification of an arbitrator.
This environment, according to Al Tamimi, should be characterised by efficient procedures, transparent processes, and robust legal frameworks. Balfaqeeh then presented an in-depth analysis of the threshold for interim reliefs, particularly under the UAE Arbitration Law.
The standard of “ existence of dispute ” without any bona fide requirements appears to be a comparatively lower threshold indicating heightened deference to the jurisdiction of the arbitral tribunal when an operational debt is disputed. 18) At [18]. ↑ 17 Mobilox at [40]. ↑ 18 At [18]. ↑ 19 I bid.
Choosing the ISDS path can be more efficient for investors than dealing with domestic courts, where matters of national security or government action may attract a different (and perhaps less reliable) level of scrutiny. According to UNCTAD , there are more than 3,000 treaties providing investment protection, including more than 2,800 BITs.
Regarding procedural efficiency, simultaneous resolution of all disputes including the counterclaims by an arbitral tribunal prevents duplication of proceedings, is cost-effective, and ensures neutrality of the dispute forum, which is essential to investors.
As discussed below, this will be particularly relevant when considering the threshold that should be applied by the tribunal as some institutional rules adopt a different test (although as discussed further below some institutions may adapt their rules to reflect the proposed amendment). What Will the Advantages for Parties Be?
Sharing her expectations from institutions, Tunkel suggested efficiency, experience in accordance with the demands of the case, sector-knowledge, and compatibility with the tribunal as selection criteria. Niamh Leinwather moderated the panel, which featured Daniel Durante , Natascha Tunkel , Violeta Saranciuc , and Oksana Karel.
In Keenan , the Supreme Court dismissed the set aside application, as the appellant only met the threshold of an arguable case as opposed to that of obvious error. This decision demonstrates that applicants in a set aside application carry the burden of meeting an extremely high threshold.
Nigeria respectively, the country aims to adopt a more proactive and efficient approach, in managing international disputes. It encourages the application of ADR as a primary approach for dispute resolution, particularly for disputes within thresholds to be set by the Federal Ministry of Justice periodically (paragraphs 13 (c) and (d)).
By replacing the common law rule and offering a straightforward default position, the prospect of disputes arising in relation to the law governing the arbitration agreement becomes less likely thereby further promoting cost effective and efficient arbitration. Such default position already features in the LCIA Rules (Article 16.4)
These amendments address multi-party and multi-contract cases, third-party funding disclosure, expedited and emergency proceedings, technological advancements, fee structures, and enhanced procedural efficiency. Future adjustments to QICCA’s threshold remain to be seen.
This proposed threshold for summary dismissal is the same threshold as in English court proceedings and, therefore, benefits from extensive case law explaining its meaning. This reform is intended to give London-seated tribunals confidence to use summary dismissal procedures more frequently.
Equally, costs competition exists between institutions, legislators and courts for the most cost-efficient process guides the parties’ decision on the forum of dispute resolution. This finding reflects the exceptional nature of a grant of security for costs and the high threshold applied by tribunals.
Updates to the CIESP-FIESP rules also streamlined autonomous evidence gathering through arbitral proceedings and encouraged procedural efficiency, as reported here. As the region continues to evolve, it is poised to set new benchmarks for global arbitration practices, fostering a more robust and reliable dispute resolution environment.
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