This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
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.
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.” It has debarred more than 60 suppliers for violations, and reduced unresolved complaints and canceled tenders.
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.
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. We have picked out some key points to note.
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] Last week, the Department of Justice (“DOJ”) announced it declined to prosecute Lifecore , a U.S.
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. There is a very high threshold for a Section 68 challenge.
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. He leaned toward the latter, emphasizing that if parties intentionally included such a clause, it reflects an ex ante choice that must be respected under the principle of party autonomy. Arbitration is more than analysis.
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. View the full article
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.
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. Planning The first strategy looks to procurement planning. Brazil has used this strategy aggressively in its efforts to implement “green procurement,” and the U.S.
A recent decision, Nigeria vs P&ID , issued by the English High Court of Justice, has drawn significant global public attention. This decision is notable for several reasons. It is rare for English courts to overturn arbitration awards. 574) This conclusion was based on three crucial findings.
The wide-ranging program covered cutting edge technological innovations and timeless human considerations such as persuasion, corruption, and disability inclusion. The 38th AAA-ICDR-ICC-ICSID Joint Colloquium on May 21, 2024 at the World Bank Headquarters in Washington, D.C. With respect to technology, Ms.
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. Justice Knowles suggested that there might be an area where transparency can play a role.
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. But what’s emerging is the political risk. Regulatory risk. I can’t do business with certain prohibited entities.
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.
Finally, ensure you act ethically and sustainably at all times. Do not engage in any bad practice such as bribery, corruption or fraud. As buyers we often expect a lot from our suppliers, but do we take the time to think about what they need from us in order to perform to the standard we often demand of them?
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.
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. A Code of Conduct for Arbitrators? It is also associated with the Arbitrator’s demonstration of professionalism.”
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.
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. Consequently, the tribunal dismissed the respondent’s application to expunge the report.
However, the use of AI necessitates ethical and procedural considerations. The review itself takes various forms, namely manual review, technology-assisted review (TAR), or generative AI-enabled review. AI extends beyond the mere document review. Potential concerns arise with regard to (deep-)fakes in videos, photos and audios.
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.
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 the Web 3.0
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. Walters (Chaffetz Lindsey) as panelists to share their perspectives.
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”.
It has been a distinct honour to serve as the Editor-in-Chief of the Journal over the last seven years. In my first editorial, I was commenting on the remarkable evolution that the field of international arbitration has undergone in the last forty years both in terms of practice and scholarship. Indo Unique Flame Ltd. CIVIL APPEAL NO(S).
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.
Joel Altschul (EY) then illustrated the various ethical considerations that must be considered when engaging with such technology. Carolyn Lamm’s (White & Case) keynote address opened the conference and explored the history of international arbitration and its progression to date. Is greater transparency needed for revolution?
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. Follow the coverage of the International Law Talk arbitration podcasts on Kluwer Arbitration Blog here.
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.
Arbitral Ethics, Politeness and Etiquette Two issues arise here. This situation raises questions about the nature of the “duty to disclose” and how we think of it. Could Paris be removed, or his awards annulled, for refusing to talk? The courts concluded that the failure alone does not have legal consequences.
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.
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. It will feature a constellation of notable speakers.
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. Most international commercial disputes of moderate-high complexity are expensive.
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.
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. What Is Social Value In Public Procurement?
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.
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. in Asia) to avoid future disputes.
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. Just as AI creates deepfakes, it can detect them. What can we, Lawyers, do?
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.
We organize all of the trending information in your field so you don't have to. Join 5,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content