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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.
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.
In the first panel, moderated by Maanas Jain , the speakers David W Rivkin , Gourab Banerji SA , Susan Ahern , Aisha Nadar and Kap-You (Kevin) Kim discussed how aspects of arbitration procedures impact the behaviour of its human participants. The speakers then discussed in detail Guidelines I.B,
Article 8, for example, warns the procuring agency, “when first soliciting the participation of. contractors in the procurement proceedings, shall declare whether the participation of suppliers or contractors in the procurement proceedings is limited,” and any “such declaration may not later be altered.”
The Congress, taking place from 5 to 8 May 2024, consists of today’s opening ceremony, followed by three full days of engaging sessions for participants and speakers. Professor Garth’s talk will offer a rigorous exploration of the ethical and moral foundations that have influenced international arbitration throughout its history.
I need to do business with people that meet certain standards of ethics and conduct. And so you introduce a lot of complexity for any contractor that is thinking about participating in that market. The contractor may not even know, in fact, that they’re participating in an FMS sale. procurement contract. supply chains.
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.
Notably, a whistleblower’s participation in internal compliance and/or reporting processes is a factor that could warrant an increased reward. In consideration of an appropriate award amount (which is at the Department’s sole discretion) the pilot program also details factors that could increase, or decrease, a given whistleblower’s reward.
What Ethical Considerations Arise? The panel identified the difficulty that arises when participants to proceedings are operating under different ethical frameworks and legal customs. Parties should consider their ethical obligations but should not make submissions simply because they meet the minimum threshold of being ethical.
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.
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.
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.
On 14 September 2023, the Netherlands Arbitration Institute (NAI) held its Annual General Meeting at the Peace Palace in The Hague, attracting over 160 participants from the Netherlands and beyond. Gerard Meijer , (President of the NAI) welcoming the participants at the Peace Palace. de Witt Wijnen explored several ethical dilemmas.
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. Digital watermarking is a promising measure to counteract Deepfakes.
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.
Emotion AI tools could be used during a case management conference or hearing to monitor participants’ level of attentiveness, engagement, confusion, and anxiety in real time. In essence, it allows all participants to peep into each other’s ‘heads.’ The real challenge lies in how we manage its implementation.
In the first panel, moderated by Maanas Jain , the speakers David W Rivkin , Gourab Banerji SA , Susan Ahern , Aisha Nadar and Kap-You (Kevin) Kim discussed how aspects of arbitration procedures impact the behaviour of its human participants. The speakers then discussed in detail Guidelines I.B,
The upcoming 31 st Vis Moot will be the first “real” test of regulated uses of AI in international arbitration and how the Vis Moot, its arbitrators and participating students address the associated risks and issues will be instructive as the international arbitration community adopts and seeks to regulate AI in practice.
They are designed to be applicable to all participants involved in the arbitration proceedings, and SVAMC is currently accepting feedback and suggestions on these guidelines here. It requires that parties and their representatives ensure AI-generated submissions are accurate and meet ethical and professional standards.
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 is also associated with the Arbitrator’s demonstration of professionalism.”
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.
Governments may collaborate with small and medium-sized enterprises (SMEs) and minority-owned businesses to increase participation. Ethical labour standards are non-negotiable, ensuring workers’ rights and well-being are protected throughout the supply chain.
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.
The panel discussion covered three topics: participants introduced their respective jurisdiction’s stance on TPF, debated the merits of codifying current practices, and shared their views on how formal rules permitting TPF could impact a jurisdiction’s popularity as a forum.
He began his remarks by pointing out that “ success fees are not accepted everywhere ”, emphasizing the significance of local culture and local ethics in interpreting this concept. Cl ávio Valença (Partner, Valença Arb, São Paulo) discussed the parties’ responsibility for potential reimbursement of success fees.
Adopting powerful technologies like generative AI must align with principles contained in the GC’s Responsible use of AI of lawful, ethical data usage and explainable outcomes to impacted individuals. Additionally, continuously running anomaly detection on claims and grievances would curb fraud and corruption.
What has been encouraging to see, and in my view will continue, is that more and more practitioners from Hong Kong and the region, including many who are fully bilingual in English and Chinese, have started practicing in international arbitration and participating in thought leadership. Past interviews are available here.
JAMS describes these new rules as “clear guidelines and procedures that address the unique challenges presented by AI, such as questions of liability, algorithmic transparency, and ethical considerations.” The JAMS AI Rules are new arbitration rules intended to govern disputes involving AI.
Notably, from FY 2018-2022 GAO found “numerous examples of defense-related M&A that potentially presented risks” to DoD but for which DoD did not participate in antitrust review, in many cases because it appears that the FTC and DOJ may not have reached out to DoD for input and DoD was otherwise unaware of the transaction.
Fraud and Corruption Risks Bid rigging, favouritism, and a lack of transparency in processes undermine public confidence and effectiveness. Tracker Intelligence brings opportunities for procurement on board, thereby supporting SMEs in procurement to participate easily. This limits competition and discourages innovative enhancement.
Whilst these tools can reduce costs and increase efficiency in the arbitration process, they can also raise significant regulatory and ethical questions in relation to risks of fairness and bias, some of which have been addressed in the 2024 AI Act and the 2024 guidelines set out by the Silicon Valley Arbitration & Mediation Center (SVAMC).
Abu Dhabi wrapped up the events calendar for 2024, drawing over 20,000 participants to the annual Abu Dhabi Finance Week. This years edition featured more than 120 different sessions on the official calendar, ranging from panel discussions, debates, and seminars to mock hearings and fireside chats.
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