Government Contracts Legal Forum

AUGUST 9, 2024

Notably, a whistleblower’s participation in internal compliance and/or reporting processes is a factor that could warrant an increased reward. This timeline, while providing an important safe harbor, places increased pressure on companies to make decisions quickly concerning whether to self-disclose or not.

IT 52

IT Corruption Accountability Insurance 52

Whistleblower Network News

JUNE 3, 2024

Satyendra was murdered over 20 years ago upon exposing corruption involved in the construction of India’s largest highway project at the time, which resulted in poor quality of work and the looting of public money. Whistleblowers are very important for society and need to be encouraged to control wrongdoing in the system.

Corruption 79

Corruption Capacity Quality Participation 79

Open Contracting Partnership

JULY 21, 2023

David is the founder of reAcción , a grassroots anti-corruption civil society organization that empowers young people in Paraguay to fight for government transparency and social accountability. I work in anti-corruption, leading an organization that focuses on the education sector in Paraguay.

Accountability 52

Accountability Education Corruption Demand 52

Kluwer Arbitration

SEPTEMBER 8, 2024

The Applicant contended that the award’s binding effect was limited to the parties involved in the arbitration, excluding other shareholders who had not properly participated. The ASC emphasized that the need for a binding effect on all shareholders requires the arbitration agreement to confer certain participation rights to all of them.

Participation 52

Participation Corruption IT Import 52

Kluwer Arbitration

MAY 23, 2024

KS&T was a market participant in OCTP with tracking accounts for emission allowances in Ontario and California. Canada Award will have implications for cross-border participation in these mechanisms. The Program commenced in January 2017 and was linked with similar programs in California and Québec. The Koch v.

Participation 75

Participation Purchasing Accountability Price 75

Kluwer Arbitration

OCTOBER 7, 2024

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.

Ethics 52

Ethics Supply Chain Transparency Import 52

Kluwer Arbitration

SEPTEMBER 26, 2024

The resolution professional admitted the claim at a notional value of INR 1 (approximately USD 0.012) to ensure Indian Oil’s participation in the insolvency process. The COC appealed to the Supreme Court, which set aside the NCLAT judgment, highlighting the importance of the “clean slate” doctrine under the IBC.

Participation 52

Participation Negotiation Import Corruption 52

Kluwer Arbitration

MAY 8, 2024

The discussion also addressed limitations to human cognitive skills, including the average attention span and the importance of engaging visuals. The panel’s takeaway was that it is incumbent on everyone to find ways to refine and place the human participant at the centre of each arbitration procedure.

Participation 52

Participation Import Sustainability Ethics 52

Kluwer Arbitration

MAY 8, 2024

The discussion also addressed limitations to human cognitive skills, including the average attention span and the importance of engaging visuals. The panel’s takeaway was that it is incumbent on everyone to find ways to refine and place the human participant at the centre of each arbitration procedure.

Ethics 52

Ethics Participation Import Sustainability 52

Kluwer Arbitration

SEPTEMBER 6, 2024

Kickstarted by an afternoon of Young ITA events (among them a mock trial session and a debate) and a workshop dinner at a rainy Lake Austin, the Annual Workshop was opened by Tom Sikora , outgoing Chair of the ITA Advisory Board, who welcomed the participants to Austin’s Omni Hotel. Defining the Parameters The first panel moderated by Prof.

Participation 52

Participation Import Balance Corruption 52

Open Contracting Partnership

SEPTEMBER 11, 2023

At #OGPEstonia, we had the pleasure of hosting about 200 frontline reformers sharing their experiences, challenges, and successes in boosting inclusion, integrity, participation, and digital transformation in public procurement. That was my focus at the OGP’s High Level Panel on Progress Against Corruption.

Public Procurement 52

Public Procurement E-procurement Contract Procurement 52

Kluwer Arbitration

NOVEMBER 22, 2023

Levy mentioned an example of a case where an English judge, on the claimant’s application, appointed the entire arbitral tribunal after quashing the claimant’s appointment, in favor of equality between claimant and the non-participating respondent.

Corruption 52

Corruption Participation Import IT 52

Kluwer Arbitration

OCTOBER 23, 2023

It is then up to the party with a jurisdictional objection to decide how to play their hand, including whether or not to participate in the arbitration, where to bring an objection, and at what stage of the proceedings. The Act also contains two other important provisions that enshrine the English court’s power to oversee jurisdiction.

Participation 52

Participation Import IT Corruption 52

Kluwer Arbitration

JULY 4, 2024

taking evidence of one or several witnesses by video, with other participants including the arbitral tribunal and counsel to appear in person) or in full. In Freedman J’s view, the disruption to that witness and his work obligations was outweighed by the importance to the administration of justice that he gave evidence in person.

IT 59

IT Participation Consulting Efficiency 59

Kluwer Arbitration

MAY 11, 2024

He emphasized SVAMC’s efforts drafting the first ever guidelines of their kind setting standards to the ‘responsible use of AI in ADR’, and the importance of these guidelines in building a consensus around the regulation of AI in ADR within the broader global community. These guidelines will serve as a point of reference for arbitrators.

Participation 52

Participation Integrity Integration Efficiency 52

Kluwer Arbitration

JUNE 8, 2024

This ICCA Congress had as its theme “International Arbitration: A Human Endeavour,” which highlighted arbitration as a human activity and the importance of arbitration in human society. Referring to his seminal book ( Dealing in Virtue , 1994), Garth discussed the role and importance of people in developing arbitration.

Influencing 52

Influencing Participation Efficiency Transparency 52

Kluwer Arbitration

OCTOBER 9, 2024

The panelists agreed that diversity is important and that raising awareness among parties could help enhance its consideration. Isepponi and Bucki both emphasized the importance of an active tribunal and of direct communication between arbitrators and parties as key factors in driving efficiency.

Innovation 52

Innovation Efficiency Balance Quality 52

Kluwer Arbitration

SEPTEMBER 3, 2024

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.’

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

MARCH 20, 2024

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. In this respect, the panelists referred to the well-known saying “ the most important thing is not to win but to participate ”. This does not cover field of play matters (i.e., Finally, Prof.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

JUNE 9, 2024

In this context it is important to recall that bias is not used in a pejorative sense, rather it means the absence of demonstrated independence and impartiality ( Yiacoub v The Queen [2014] UKPC 22 ). Trade expertise is to assist in understanding technical evidence, not to provide evidence for a party who has chosen not to participate.

Insurance 104

Insurance Influencing Import Balance 104

Kluwer Arbitration

JANUARY 5, 2024

Some of the most appealing developments are discussed below: The Divide Bridged Between the Capital-Exporting and Capital-Importing Countries Toward the end of the 1990s, when the last attempt was made to negotiate the OECD MAI, FDI was exclusively flowing from developed to developing countries. What Are the Challenges in Negotiating MIT?

Negotiation 52

Negotiation Export Import Sustainability 52

Open Contracting Partnership

FEBRUARY 1, 2024

When we asked which issue areas are most important to you, we saw a deep alignment with our own increased investment in anticorruption, sustainability, and electronic procurement. These will be important points to double down on in our new strategy. More importantly, there was virtually no gap in our indicators across gender.

E-procurement 73

E-procurement Public Procurement Capacity Procurement 73

Kluwer Arbitration

JANUARY 25, 2024

The importance of the subject matter of the claim has been confirmed by several court decisions (e.g., As such, in the final analysis, the subject matter of the claim is likely a more important factor than the parties against which the claim is brought. most recently, Decision No. 2023/PN.Jkt.Sel and Decision No.

Contract 97

Contract Participation Import Corruption 97

How to Crack a Nut

NOVEMBER 14, 2023

This is an important issue that may require further discussion in a separate post. And this is relevant because that training is not only for innovation procurement, but for all types of ‘different’ procurement under the Procurement Act 2023 (ie green, social, more robustly anti-corruption, more focused on contract performance, etc).

Procurement 127

Procurement Innovation E-procurement Buyers 127

Kluwer Arbitration

OCTOBER 20, 2023

Both panelists stressed the importance of understanding a client’s goals in arbitration and the importance of knowing the facts necessary to prove a claim. Ong highlighted the difficulty of certain international lawyers participating in expert preparation, as their local rules do not permit them to do so. Further, Ms.

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

OCTOBER 12, 2023

The panel discussed anti-doping, concussion, safe-guarding and transgender participation in sports. 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

Media 52

Media Transparency Participation Import 52

Kluwer Arbitration

NOVEMBER 29, 2023

India declined to participate by not appearing, contesting the tribunal’s jurisdiction since a Neutral Expert was also examining the issue and the IWT’s prohibition of parallel proceedings. India characterised the arbitration proceedings as “ illegally constructed.”

Negotiation 52

Negotiation Participation Import IT 52

Kluwer Arbitration

APRIL 1, 2024

As the criticisms of ISDS intensify, this year’s panel focused on the importance and means of amplifying the voices of developing States in ongoing reform efforts at the multilateral level, such as in the context of UNCITRAL Working Group III (“WGIII”) , and at the unilateral, bilateral and regional levels. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

OCTOBER 16, 2024

Experts can then work together with parties and lawyers to identify whether those documentary gaps are material and important, such that requests for production should be pressed, or whether those matters can be established by other documents or lay witnesses. This process can assist lawyers to identify any documentary gaps.

Ethics 52

Ethics Thresholds Corruption Consulting 52

Kluwer Arbitration

MARCH 21, 2024

Debate on the Arbitration Autonomy Principle The debate itself was animated by Philippe Pinsolle who welcomed the initiative of the Paris Court of Appeal to participate in the PAW and admitted that for the first time in his career he witnessed an authority in charge of annulment of arbitral awards organizing an arbitration event.

Participation 52

Participation Import Corruption Efficiency 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. Ensuring ease of doing business by simplifying bureaucracy and regulations, combating corruption, and advancing research and development.

Import 52

Import Capacity Evaluation Government 52

Kluwer Arbitration

FEBRUARY 8, 2024

In its 2022 decision, the BGH found that the GWB’s prohibitions on abusing a dominant or superior market position and on boycott and other anticompetitive practices vis-à-vis other market participants are of essential importance for a functional economy and therefore part of the German ordre public.

Participation 59

Participation Efficiency Balance IT 59

Kluwer Arbitration

SEPTEMBER 30, 2024

The court dismissed Uniper’s argument that Gazprom (ironically) was in fact participating in the Stockholm arbitration and had legal representation in those proceedings. However, while not determinative, the above reasoning still serves as important guidance with regard to the English judiciary’s view on Article 248 of the RAPC.

Export 52

Export Participation Transportation Transportation 52

Kluwer Arbitration

JUNE 7, 2024

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.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

SEPTEMBER 27, 2024

Domestic investments by the Brazilian government are insufficient to meet the infrastructure needs, making foreign investors’ participation essential for the regular development of the national economy. Foreign Investment and Infrastructure: How to Provide Legal Certainty to Foreign Investors Interested in Brazil?

Sustainability 52

Sustainability Engineering Distribution Contract 52

Kluwer Arbitration

SEPTEMBER 22, 2023

A modern arbitration institution, with an increasingly important role ” were the opening remarks expressed by Claus von Wobeser, who briefly referred to the beginnings of the PCA in The Hague and culminated by providing data on the cases initiated last year (which surpassed the previous year’s record).

IT 40

IT Participation Influencing Logistics 40

Kluwer Arbitration

MARCH 25, 2024

Szabolcs Nagy kicked off the first round of the panel discussion by explaining the EU’s approach towards promoting and enhancing the importance of human rights and ESG, simultaneously to fostering economic development, as an integral part of its trade and investment treaty policy.

Balance 52

Balance Export Sustainability Import 52