Kluwer Arbitration

JUNE 6, 2024

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.

Ethics 52

Ethics Corruption Balance Transparency 52

Kluwer Arbitration

JULY 14, 2024

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.

Corruption 59

Corruption Innovation Quality Import 59

Kluwer Arbitration

MAY 4, 2024

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.

Ethics 52

Ethics Influencing Participation Quality 52

Kluwer Arbitration

DECEMBER 2, 2023

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.

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

MARCH 20, 2024

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.

Corruption 52

Corruption Collusion Ethics Integration 52

Kluwer Arbitration

APRIL 19, 2024

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.

Supply Chain 52

Supply Chain Ethics Supplier Corruption 52

Kluwer Arbitration

DECEMBER 5, 2023

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.

Ethics 52

Ethics Efficiency Participation Telecommunication 52

Kluwer Arbitration

SEPTEMBER 3, 2024

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.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

DECEMBER 11, 2023

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”.

Ethics 52

Ethics Buyers Participation Efficiency 52

Kluwer Arbitration

AUGUST 18, 2024

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.

Ethics 52

Ethics Transparency IT Corruption 52

Kluwer Arbitration

NOVEMBER 25, 2023

Nelson Edward TIMKEN, A Proposal to Establish an International Commercial Arbitration Ethics Panel and Hotline to Resolve Disclosure and Conflicts Issues Guidelines called ‘soft laws’ applicable to international arbitrator ethics provide a basis for self-regulation in the avoidance of conflicts.

Management 52

Management Ethics Corruption Quality 52

Kluwer Arbitration

OCTOBER 14, 2023

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”.

Corruption 52

Corruption Transparency Demand Consulting 52

Kluwer Arbitration

DECEMBER 17, 2023

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.

Ethics 52

Ethics Influencing Corruption Quality 52

ivalua

AUGUST 21, 2022

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.

Procurement Strategies 96

Procurement Strategies Sustainability Procurement Supply Chain 96

Kluwer Arbitration

OCTOBER 20, 2023

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.

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

MARCH 9, 2024

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.

Ethics 52

Ethics Corruption Finance Negotiation 52

Open Contracting Partnership

DECEMBER 8, 2023

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.

Corruption 71

Corruption Collaboration Data Public Procurement 71

Kluwer Arbitration

APRIL 1, 2024

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.

Ethics 52

Ethics Influencing Integration Integrity 52

Kluwer Arbitration

MARCH 16, 2024

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.

Ethics 90

Ethics Data Integration Integrity 90

Kluwer Arbitration

JANUARY 21, 2024

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.

Ethics 52

Ethics Electronics Efficiency Collaboration 52

Kluwer Arbitration

OCTOBER 6, 2023

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.

IT 45

IT Ethics Participation Accountability 45

How to Crack a Nut

MARCH 10, 2023

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.

Procurement 52

Procurement Public Procurement Ethics Transparency 52

Kluwer Arbitration

JUNE 5, 2024

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.

Public Private Partnership 52

Public Private Partnership Efficiency Ethics Influencing 52

Kluwer Arbitration

MAY 8, 2024

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.

Participation 52

Participation Import Sustainability Ethics 52

Kluwer Arbitration

JULY 12, 2024

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.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

AUGUST 25, 2024

If the arbitration proceedings have already commenced, it is advisable to keep (highly) ethical conduct and compliance with soft and hard legal norms during the arbitral proceedings. It is useful to gather this information and submit it to the court before the issue is raised in the state court proceedings.

Ethics 52

Ethics IT Corruption Budget 52

Kluwer Arbitration

JANUARY 4, 2024

Finally, in December, the Courts released the Guidelines for use of generative artificial intelligence in Courts and Tribunals which guide lawyers, lay litigants, and the judiciary on the limitations of AI, ethical issues, and ensuring accountability and accuracy.

Insurance 52

Insurance Ethics Contract IT 52

Kluwer Arbitration

DECEMBER 11, 2023

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.

Ethics 98

Ethics IT Corruption Participation 98

Kluwer Arbitration

JUNE 7, 2024

Advantages to providing safeguards to funded parties The speakers were in agreement that the interest of the funded client must remain at the forefront of any funding arrangement, and as such, regulation surrounding issues of disclosure, conflicts of interest, and ethical actions of funders in relation to settlements, were of paramount importance.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

JANUARY 28, 2024

CLE Credit will be offered for many of the presentations including “Women in Arbitration – California Stories,” “Navigating Arbitrator Disclosures and Challenges in International Arbitration,” and “Ethical Conundrums Faced by Parties and Arbitrators in International Arbitration.” Vitaly Ivanovich Smagin , No. 22–381 (U.S.

Corruption 52

Corruption Participation Efficiency Ethics 52

Kluwer Arbitration

DECEMBER 21, 2023

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)

IT 52

IT Corruption Ethics Education 52

Kluwer Arbitration

OCTOBER 1, 2023

Mr Yin noted that most jurisdictions generally have consistent ethical standards. 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

Import 40

Import Retail Ethics Influencing 40

Kluwer Arbitration

MAY 11, 2024

It requires that parties and their representatives ensure AI-generated submissions are accurate and meet ethical and professional standards. Guideline 4 emphasizes the importance of diligence and competence when using AI tools in arbitration.

Integration 52

Integration Integrity Participation Efficiency 52

Select GCR

SEPTEMBER 3, 2024

Federal employees are strictly forbidden from receiving gifts or value items from entities affected by their official duties or seeking government business to prevent the appearance of corrupt practices. Ensuring Fair Pricing Fair pricing is another critical aspect of managing risks in sole source procurement.

Procurement 52

Procurement Supplier Price Competitive Bidding 52

Kluwer Arbitration

FEBRUARY 19, 2024

Professor Giorgetti also noted the lengthy negotiation process of the Codes and underscored the potential for divergence in ethical rules arising from their bifurcated nature. Yet, it is never an easy job.

Balance 52

Balance Negotiation Ethics Import 52

Kluwer Arbitration

MAY 3, 2024

Regardless of whether this is ethical, is it still solid advice? This is why some law firms today advise “companies exposed to certain climate-related government measures to vindicate their rights” by restructuring their investments to ensure coverage by one of the 2,000+ bilateral investment treaties (“BITs”) currently in force.

Insurance 52

Insurance Finance Sustainability Ethics 52

Kluwer Arbitration

OCTOBER 27, 2023

Judith Martins-Costa stated that the arbitrator takes the most difficult challenge while judging a case: analyzing the provisions of the contract in light of the evidence, in an ethical and professional manner. Follow along and see all of Kluwer Arbitration Blog’s coverage of the CBAr 22 nd International Arbitration Conference her e.

Contract 52

Contract Import Ethics Corruption 52