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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.” So the DGCP adopted a three-pronged approach to improve things.
Ethical procurement is becoming increasingly important in our ever more complex, interconnected, and global economy. In the past, the main focus for most companies was profit, but more and more companies now understand and value ethical procurement. In this post, we explore what ethical procurement means and why it is so important.
A new element of the NPPS, as compared with previous versions, is the focus on ensuring suppliers uphold the highest standards of integrity, ethical conduct and environmental sustainability in business. This aligns with the stronger sanctions in the Act relating to performance, exclusions, and debarment.
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.
The Foreign Corrupt Practices Act (“FCPA”) prohibits U.S. companies from engaging in bribery and corruption abroad when the payments are directed at foreign government officials to gain an improper business advantage. [4] 3] What is the FCPA? American companies acquiring foreign corporations need to assess the risks carefully.
P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at the Court of which parts were knowingly false, namely that P&ID had procured the contract with Nigeria through corrupt payments to a Nigerian official.
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.
Bermann considered it unlikely but agreed that tribunals should remain mindful of professional and ethical standards. Could such a scenario lead to a challenge of the arbitrator or annulment? Mako agreed, especially from the in-house counsel side, where deadlines are tight.
Improper retention of privileged and confidential legal documents : P&ID improperly obtained, retained, and misused Nigeria’s privileged and confidential legal documents, and used these to monitor whether its corruption had been uncovered and to track Nigeria’s case strategy throughout the arbitration.
Originally published in the 2022 ProcureCon Report “Transforming Procurement: Embracing Digital Innovation and Driving Sustainability” Ethical business practices and sustainability initiatives are forcing organizations to not only stand up, but to also set themselves apart from the competition by implementing ESG and CSR commitments.
Dr Baltag first observed that one of the challenges arbitration practitioners are currently facing with regards to ethics and regulation of misbehaviour in international arbitration is the diversity of relevant and applicable standards.
These and other constraints under the model law are commendable anti-corruption measures, but may make it more difficult to accommodate emerging “green procurement” approaches. Article 8, for example, warns the procuring agency, “when first soliciting the participation of.
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.
Professor Garth’s talk will offer a rigorous exploration of the ethical and moral foundations that have influenced international arbitration throughout its history. Day Two: Advocacy, Procedures, and Ethics in Focus Our second day shifts focus towards how people shape international arbitration.
The wide-ranging program covered cutting edge technological innovations and timeless human considerations such as persuasion, corruption, and disability inclusion. He acknowledged the importance of minimizing corruption and improving rule of law but noted that the data suggests that they are not strictly necessary.
Finally, ensure you act ethically and sustainably at all times. Do not engage in any bad practice such as bribery, corruption or fraud. Challenge yourself as to whether any of the errors are actually related to the fact that the specification given with the RFQ or purchase order was ambiguous.
Uyghur Forced Labor Prevention Act (“UFLPA”) , represent a pivotal step toward fostering ethical supply chains, underscoring the shared responsibility of states and corporations in combating human rights violations. As an advocate for such laws, I recognise the urgent need to make supply chains fairer and more ethical.
What Ethical Considerations Arise? The panel identified the difficulty that arises when participants to proceedings are operating under different ethical frameworks and legal customs. Ethical challenges may arise for experts in the grey areas where experts genuinely have differently held opinions on the spectrum of available beliefs.
Spotlight on Ethical and Transparent Corporate Culture The new pilot program underscores DOJ’s commitment to fostering a corporate culture of integrity and accountability, and sends a clear message to would-be whistleblowers and corporate entities alike.
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.
Allegations of corruption can be made even in the absence of criminal offences. Gabriele Ruscalla cited the example of an arbitral tribunal that was found guilty of corruption for changing the seat of the arbitration. Corruption of arbitrators can take various forms, ranging from bias and conflicts of interest (e.g.
I need to do business with people that meet certain standards of ethics and conduct. I think the Justice Department has characterized sanctions as the new FCPA, the new Foreign Corrupt Practices Act. Export control laws. If you’re dealing with international counterparties, I’ve got sanctions risk, right?
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. Kluwer Arbitration Blog’s full coverage of New York Arbitration Week is available here.
However, the use of AI necessitates ethical and procedural considerations. This limitation stems from several factors, including the expertise and human judgement essential for addressing unique circumstances and legal questions as well as ethical considerations and the costs associated with developing an AI model.
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.
In his speech, Mr Singh highlighted the importance of integrity, ethics and the rule of law, which were foundational to how SIAC and Singapore had built a trusted system, and underlined SIAC’s continued commitment to upholding these fundamental values. This was followed by a welcome address from Mr Davinder Singh SC.
ChatGPT, Smoking Guns, Opera Lovers and Other Ethical Dilemmas in International Arbitration Tom Claassens opened the first panel discussion around ethics in arbitration with a thought-provoking quote by Aldo Leopold: “Ethical behavior is doing the right thing when no one else is watching – even when doing the wrong thing is legal”.
LECTURE Emilia ONYEMA, Corruption, Access to Arbitration for Local Communities: Mitigating the Cost of Corruption and Providing Access to Justice for Local Communities A written reflection of CIArbs 2024 Roebuck Lecture, this paper, in the context of the Nigeria v.
Herfried recommends that counsel select an expert who understands the applicable law, has strong analytical skills, and maintains credibility and ethical standards that allow the arbitral tribunal to rely upon the expert’s assessments. A vital piece of the puzzle is to select a high-quality quantum expert to help present a client’s case.
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. Smagin , 599 U.S.
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.
Practically, current issues of consistency and reliability can already be mitigated by human review; experienced lawyers can and obviously should review AI-generated text, just as they already do with work prepared by junior members of their teams, in compliance with their professional, ethical duties.
Arbitral Ethics, Politeness and Etiquette Two issues arise here. The duty to disclose undoubtedly has an ethical component. Through the mainstream interpretation, the duty to disclose may be an ethical, moral, communal, ideological, political (or … n ) duty. However, this moral aspect alone carries no legal consequences.
This discussion resulted in the Arbitration and Conciliation Act being amended in 2015 to clarify that foreign awards would only be considered contrary to public policy if, for example, the award was affected by fraud or corruption or contravened the fundamental policy of Indian law.
Before we get too excited, one should consider that AI systems, including emotion AI, still face challenges today, including ethical concerns surrounding data privacy and bias in algorithms, ‘hallucinations,’ and limitations in understanding context. On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries.
The week also promises comprehensive explorations into the African Continental Free Trade Area, delving into the future of investment protection, technological impacts on arbitration, and ethical standards, contributing significantly to the global arbitration dialogue.
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.
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.
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.
Ethical labour standards are non-negotiable, ensuring workers’ rights and well-being are protected throughout the supply chain. Anti-corruption policies further reinforce integrity in procurement, safeguarding public funds and fostering trust in government processes.
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.
Traditional guidelines, such as the CIArb’s Code of Conduct or the CIArb’s Guideline on the Use of Technology , predate the deepfakes and do not deal with this tactic, which lies at the intersection of technology, law, and ethics, masking itself as a genuine defence.
Lastly, he underscored the necessity of upholding the values of the legal profession by promoting and enforcing a consistent understanding of ethical values and principles. in the draft 7th ed. SIAC Rules.
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