Whistleblower Network News

NOVEMBER 16, 2023

Krupski’s methodology of distributing information calls attention to the lack of public knowledge on whistleblower protections: current SEC definitions disqualify whistleblowers who report fraud to the media, other government agencies, foreign law enforcement, or a U.S. embassy before the SEC, considering them “involuntary.”

Education 102

Education Whistle-blowing Media Data 102

How to Crack a Nut

NOVEMBER 17, 2023

However, as the pervasive abuses of direct awards under the emergency conditions generated by the covid pandemic evidenced in virtually all jurisdictions, dispensing with those requirements, checks and balances comes with a very high price tag for taxpayers in terms of corruption, favouritism, and wastage of public funds.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

JUNE 19, 2024

Rivera”) (collectively, the “Claimants”) sought over USD 100 million from the Republic of Panama (“Panama” or the “Government”). The Claimants suggested a test requiring proof of government misconduct contributing to contract terminations. The Tribunal also determined that the Government did not treat other contractors differently.

Corruption 52

Corruption Balance Capacity Contract 52

Kluwer Arbitration

APRIL 22, 2024

It concerns an arbitration in which a government attorney, member of the Attorney General’s Office (“AGU”), had acted as arbitrator in a three-member tribunal seated in Rio de Janeiro, Brazil. I) What Government Attorneys Must Attain to When Serving as Arbitrators? 73/1993 and n.

Government 52

Government Government Capacity Influencing 52

Kluwer Arbitration

MARCH 25, 2024

Consequently, the legal framework governing the sector is inherently dynamic, responding continually to both internal and external economic, political, and social pressures as well as to global market fluctuations. Mongolia’s Domestic Law The mining sector plays a central role in Mongolia’s economy, contributing significantly to its growth.

Transparency 105

Transparency Negotiation Price Export 105

Kluwer Arbitration

DECEMBER 26, 2023

Can you please tell us about one particular position or experience that you held and how it influenced your career? Outside of AIAC, you have held numerous prominent leadership positions in other organizations. My professional journey has been marked by numerous challenges and obstacles, each providing valuable learning experiences.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

AUGUST 9, 2024

They noted that VR and AR can be costly, complex, and raise questions of confidentiality, reliability, and influence. Furthermore, the panel examined the use of virtual reality (“VR”) and augmented reality (“AR”) in arbitral hearings.

Finance 98

Finance Transparency Demand Sustainability 98

Kluwer Arbitration

JUNE 7, 2024

The outcome of these cases will significantly influence the role of sanctions in arbitration and reshape the broader legal framework that governs these disputes. However, to date, the UK government has not implemented such changes. The following sections examine some of the most recent developments.

Influencing 52

Influencing Logistics Export Collaboration 52

Kluwer Arbitration

SEPTEMBER 11, 2024

Background The case relates to an award issued by a Geneva-seated ICC tribunal constituted pursuant to a Swiss law-governed contract executed between General Dynamics United Kingdom (“GD UK”) and the State of Libya (“Libya”) for the supply of communication and information systems to be installed in Libyan army vehicles (the “Contract”).

Thresholds 98

Thresholds Contract Influencing Corruption 98

Kluwer Arbitration

JULY 30, 2024

Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. These disputes are likely to continue rising as government crackdowns on the cryptocurrency industry worldwide gain traction.

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Tracker Intelligence

FEBRUARY 22, 2025

Government expenditure through public procurement is essential since it ensures that there are contracts available to be bid in a fair, open, and competitive manner. Businesses can increase their chances of obtaining government procurement opportunities while lowering compliance risks by being aware of these regulations.

Public Procurement 52

Public Procurement Transparency Procurement Tender 52

Government Contracts Legal Forum

JANUARY 5, 2024

Crowell & Moring’s Government Contracts Group discusses the most consequential changes for government contractors here. As a result of such review, the FTC or DOJ could take legal action to block transactions that the government determines might substantially lessen competition.

Government 40

Government Government Export Data 40

Kluwer Arbitration

NOVEMBER 14, 2023

Perhaps, underneath all the arbitral extravagance and incalculable network of disturbing corruption lurks a least appreciated cultural milieu worth $11 billion dollars. Let’s kill all the lawyers. ’” ( Nigeria v. Process & Industrial Development , para. On October 23, 2023, in the Federal Republic of Nigeria v. 158-80, 228-306).

Corruption 40

Corruption Contract Sustainability Import 40

Kluwer Arbitration

OCTOBER 4, 2024

This paper explores the critical theme of determining the governing law of arbitration agreements amidst the intricate landscape of international arbitration. Drawing on these cases, the paper emphasizes the importance of parties expressly choosing the governing law of arbitration agreements to mitigate uncertainties.

Influencing 52

Influencing Distribution Corruption Evaluation 52

Kluwer Arbitration

JUNE 15, 2024

Conversely, the relationship between those treaty parties that would have ratified the modernized ECT and those that have not (and amongst those which have not), will remain governed by the pre-existing and “unmodernized” ECT (cf. also Articles 40(4) and 30(4) lit. b of the Vienna Convention on the Law of Treaties).

Influencing 52

Influencing Contract Negotiation Corruption 52

Kluwer Arbitration

DECEMBER 21, 2023

These changes significantly influence the process of accrediting arbitrators and the enforcement of arbitral awards. Additionally, it points to potential future amendments in Egyptian arbitration legislation, currently under review by a government commission established in March 2022. India: Framework Revisions Underway Fali S.

Influencing 52

Influencing Corruption IT Contract 52

Open Contracting Partnership

AUGUST 14, 2023

Fortunately, Ukraine has a world-beating open government and open data infrastructure that can be leveraged to help address that challenge: we articulated a vision for how this can be done late last year. It includes indicators such as the population of the community affected, level of urgency, economic influence, or ecological impact.

Accountability 52

Accountability E-procurement Transparency Capacity 52

How to Crack a Nut

MARCH 10, 2023

Or, in other words, to use the acquisition of digital technologies by the public sector as a gateway to the ‘regulation by contract’ of their use and governance. Public procurement is thus increasingly expected to play a crucial gatekeeping role in the adoption of digital technologies for public governance and the delivery of public services.

Procurement 52

Procurement Public Procurement Ethics Transparency 52

Kluwer Arbitration

FEBRUARY 24, 2024

Traditionally, investor-state dispute settlement (“ ISDS ”) has not been linked to Environmental, Social, or Governance principles (“ ESG ”). Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. At least not explicitly.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

SEPTEMBER 22, 2024

From the EU’s perspective , it strengthens bilateral ties with Angola and heralds a new era of investment agreements that prioritize environmental, social, and governance (“ESG”) standards and contain investment facilitation measures, but exclude investor-state dispute settlement mechanisms.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

JUNE 8, 2024

Likewise, were the ECT to remain in effect, the possibility of facing investment claims might prompt governments to more carefully consider introducing pro-renewable energy measures for short-term political gain. Although advisory opinions are non-binding, they are intended to influence domestic and international litigation.

Influencing 52

Influencing Balance Negotiation Corruption 52

Kluwer Arbitration

OCTOBER 15, 2024

The potential for further investment arbitration to arise from changing political dynamics and the ramping-up of government efforts to meet Paris Agreement targets was also flagged. The panel also stressed the importance of delivering on environmental and cultural commitments in order to build positive relationships and avoid disputes.

Price 59

Price Negotiation Finance Accountability 59

Kluwer Arbitration

DECEMBER 7, 2023

There is also the influence of the socialist legal tradition on the legal system in Cuba. All other jurisdictions in the Region have outdated arbitration legislation influenced by now-repealed old English Arbitration Acts. Lucia (a mixed system of common law and civil law), and Guyana (a mixed system of common law and Roman-Dutch Law).

IT 52

IT Education Influencing Finance 52

Inter-American Development Bank

JULY 18, 2024

This has important implications for tax policies currently applied in countries, forcing governments to re-evaluate current tax rates and incentives to attract foreign investments. Second, government may face domestic political opposition against heavier taxation. Strengthening institutions, rule of Law, and protecting property rights.

Import 52

Import Capacity Evaluation Government 52

Kluwer Arbitration

MAY 14, 2024

Similarly to cases involving corruption or money laundering. Arbitrators with expertise in Environmental Law may not exert such significant influence as may be expected on the tribunal and they may even raise suspicion of bias, depending on the circumstances.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

Kluwer Arbitration

JANUARY 30, 2024

In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This global shift is reflected in numerous requests for advisory opinions from international courts, aiming to clarify states’ obligations regarding climate change (see here , here , and here ).

Influencing 59

Influencing Balance Risk Management IT 59

Kluwer Arbitration

JUNE 5, 2024

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

APRIL 15, 2024

This shift was propelled by environmental factors and influenced by international agreements, such as the 1992 United Nations Framework Convention on Climate Change (“UNFCCC”) and the Paris Agreement. She emphasised the importance of considering this issue in agreements and regulatory frameworks governing energy transition.

Demand 52

Demand Sustainability Capacity Import 52

Kluwer Arbitration

JANUARY 7, 2024

2023) , the Supreme Court recognized that plaintiffs may bring a civil suit under the expansive Racketeer Influenced and Corrupt Organizations Act (RICO) for judgment-creditors’ illicit conduct and collusion (“racketeering” under the statute) to avoid payment of an arbitral award which has been recognized and enforced as a U.S.

Collusion 52

Collusion Insurance Capacity Corruption 52

Kluwer Arbitration

APRIL 1, 2024

The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations. Canada and E.U. countries, are by far the most vocal participants in the discussions.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

SEPTEMBER 29, 2024

The investors claimed that Spain’s state aid based claims in reality related to Final Award’s validity/enforcement, which should be governed by the New York Convention , leaving Dutch courts without jurisdiction (since enforcement is not sought in the Netherlands). Considering the parties’ positions, the Amsterdam Court sided with Spain.

Influencing 52

Influencing Corruption IT Government 52

Kluwer Arbitration

AUGUST 29, 2024

Generally, IP disputes arising out of contract ( e.g. , royalties or ownership rights where these are contractually governed) and tort ( e.g. , passing off or breach of tortious confidentiality) are arbitrable. The question of arbitrability depends on various factors, including the jurisdiction, the type of right, and the type of claim.

Influencing 52

Influencing Contract Corruption Efficiency 52

Kluwer Arbitration

JUNE 6, 2024

Private-State disputes arising in public international law, outside the scope of contracts or investment treaties : these are the types of disputes that are not governed by contract, do not fall within the ISDS framework, and are not between States. the ICC or the LCIA. Examples include the ABS v.

Telecommunication 52

Telecommunication Export Influencing Negotiation 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

GTI-WP/2020:01, Budapest: Government Transparency Institute. The transparency interventions selected for each country predominantly led to more data in a more accessible format to be published by the government for the general public, including civil society, businesses, but also government agencies themselves (Table 1).

Bidder 40

Bidder Transparency Contract Public Procurement 40

Kluwer Arbitration

DECEMBER 4, 2023

“Corporations have their own global private court system – called ISDS – which they use to bully governments. This process is governed by contracts that incorporate directly or indirectly most aspects of the host State’s regulatory framework, distinguishing it from other countries where these would be extracontractual matters.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

“Corporations have their own global private court system – called ISDS – which they use to bully governments. This process is governed by contracts that incorporate directly or indirectly most aspects of the host State’s regulatory framework, distinguishing it from other countries where these would be extracontractual matters.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

JANUARY 23, 2024

On 6 November 2023, a US Louisiana District Court judge refused to enforce a DIFC-LCIA clause in US court proceedings (“ Louisiana proceedings ”) on the grounds that the joint venture between the Dubai government and the LCIA was “no longer available” after the ruler of Dubai abolished it by Decree No. 34 of 2021 (“ Decree No.

Thresholds 52

Thresholds Quality Efficiency Influencing 52