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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.” More recently, it canceled a RD$1.3 So the DGCP adopted a three-pronged approach to improve things.
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.
On the second day of Hong Kong Arbitration Week 2024, Mishcon de Reya in association with Karas So LLP hosted a panel discussion titled “Guarding the integrity of arbitration – Reflections on the landmark English decision in Nigeria v P&ID”.
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.
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.
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. Is More Transparency Necessary to Ensure the Integrity of the Process?
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.
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.
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.
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.
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.
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.
Despite these signals, the integration of AI into the daily workflow of arbitration professionals remains relatively modest. However, the use of AI necessitates ethical and procedural considerations. A recent study by Goldman Sachs reveals that, on average, 25% of all work-related tasks could be automated through AI.
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. After all, there is ample scope to push these boundaries.
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.
Morgan MWENDA, Regional Arbitration Centres for Investor Protection African integration is progressively strengthening regional ties and offering new economic opportunities. However, increased integration also portends increased conflict in the nature of trade disputes and civil matters generally.
While it’s not an arbitrator’s role to take an integrative approach like a mediator or negotiator would, the arbitrator could explore whether the parties have a common underlying interest to settle the dispute amicably. 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. “The Silk Road and the BRICS Road: Where Does it Lead?
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.
However, as parties discovered, this task is complicated by the fact that many AI tools are so seamlessly integrated into daily activities that they are not immediately recognized as AI applications (e.g., Guideline 5 stresses the need to uphold the integrity of arbitration proceedings and evidence in the face of potential misuse of AI.
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.
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.
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.
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.
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.
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.
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.
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. Also, our 2024 HKIAC Administered Arbitration Rules came into effect on 1 June 2024, which is a refinement of the well-received 2018 version.
This includes a fairly broad and future-oriented definition of AI, provisions on safeguarding confidentiality and furthermore, ensuring the integrity of the arbitral proceeding. laws, treaties, domestic statues, ethical rules, etc.) Where rules and regulations (e.g.
Funding is integral to the current dispute resolution regime and is utilized quite substantially in both litigation and arbitration. Current Positions on TPF Worldwide Rachael Mulheron noted that the UK adopts a generally benevolent attitude towards the practice of champerty (a term used in common law to describe TPF).
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.
Full-Protection-and-Security (FPS) The Model Clauses clarify that FPS covers only “ physical ” integrity of investors and investments against interference. This seeks to distinguish other forms of protection and security (e.g., ‘legal’ security) and to avoid an overlap with protections under FET.
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.
Section 1521 also requires that the Secretary establishes the Chief Digital and Artificial Intelligence Officer Governing Council to provide policy oversight that ensures responsible, coordinated, and ethical employment of data and AI capabilities across the DoD.
Market Research and Analysis When it comes to identifying a legitimate sole source situation, conducting a market survey is an integral part of the process. This helps to maintain the integrity of the procurement process. Ensuring Fair Pricing Fair pricing is another critical aspect of managing risks in sole source procurement.
A coherent data strategy entails long-term vision and pragmatic details – integrating technology, processes, personnel and governance to enable data accessibility, coordinated analysis, and informed decision-making. Additionally, continuously running anomaly detection on claims and grievances would curb fraud and corruption.
These primitive principles also extend to lawyers acting on contingency or conditional fees, fearing that such arrangements could compromise judicial integrity. ‘G’, A Senior Advocate Of The Court v.
While integrating technology into arbitration offered the promise of new opportunities, it also introduced new layers of complexity, both in terms of procedure and in terms of disputes arising from technology itself. At the same time, they continued raising ethical and procedural concerns. Some arbitral institutions led the way.
Garth on ethical foundations in arbitration, followed by panels on cultural sensitivity and biases in decision-making. Discussions highlighted ethical standards and adapting proceedings to diverse cultural contexts. Discussions highlighted ethical standards and adapting proceedings to diverse cultural contexts.
Fraud and Corruption Risks Bid rigging, favouritism, and a lack of transparency in processes undermine public confidence and effectiveness. We integrate procurement tools and best practices to minimise the risk of fraud and actually aspire towards greater transparency. This will make procurement processes secure and reliable.
Ana Maria Rovai , legal director of CCR , also revealed that adding arbitration agreements to those contracts was a strategy to boost foreign investor confidence, and suggested that the next step might be to integrate dispute boards into the dispute resolution framework.
AI in Practice The landscape of international arbitration is facing a profound shift with the introduction and use of Artificial Intelligence (AI), which has been integrated at various stages of the arbitration process.
RENACE will contain information on arbitrators nationwide regarding their professional training, experience, and integrity, as well as on arbitration centers, in accordance with the regulations established for this Complementary Provision. Registration with RENACE is mandatory and free of charge.
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