How to Crack a Nut

MARCH 28, 2023

The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. In order (sic) words, public procurement is rich in data, but poor in making it work for taxpayers, policy makers and public buyers.

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Procurement Public Procurement Buyers Thresholds 52

Kluwer Arbitration

MAY 23, 2024

Implications for Emissions Trading Businesses The Tribunal’s application of NAFTA Article 1139(h) may affect the threshold for activities that emissions trading businesses must undertake in the host State to qualify for investment protection. For these reasons, it is important that international investment protections are certain and clear.

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Participation Purchasing Accountability Price 75

Kluwer Arbitration

DECEMBER 22, 2023

He emphasised the importance of arbitration to business and society, particularly owing to the present burden on the courts. She also highlighted the high threshold in Denmark to set aside an award based on an arbitral tribunal’s action, especially if such action is covered by the national law, institutional rules and/or procedural orders.

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Thresholds Corruption Import Management 52

Kluwer Arbitration

DECEMBER 18, 2023

Salomon underscored the importance of factors such as the strength of universities and institutions in Paris, along with the geopolitical landscape, and how influential parties and the flow of money can play pivotal roles in seat selection. Closing off, Ms.

IT 52

IT Corruption Import Thresholds 52

Kluwer Arbitration

DECEMBER 10, 2023

Moving forward, it is important to recognise arbitration as just one part of a comprehensive strategy for resolving data privacy disputes. Despite being hailed as a significant advancement in data protection, the consent-based model brings its own challenges.

Data 97

Data Balance Transparency Thresholds 97

Kluwer Arbitration

JANUARY 23, 2024

The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 million – a response to the growing criticism directed at DIAC’s significantly lower threshold of around USD 270,000. million in value. 34 of 2021 (“ Decree No.

Thresholds 52

Thresholds Quality Efficiency Influencing 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

JULY 2, 2024

This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para.

Thresholds 52

Thresholds Price IT Corruption 52

Kluwer Arbitration

FEBRUARY 28, 2024

This is an important judgment because it does not rely on “finality”, as envisaged in the Guide or the international precedents. This new approach is an important development towards establishing Pakistan’s pro-enforcement bias. NHA 2023 CLD 1365. Rather, it explores the concept of the “binding” nature of the award.

Import 52

Import Thresholds Contract Corruption 52

Kluwer Arbitration

JUNE 11, 2024

Against this backdrop, some important lessons can be drawn for practitioners. This regulation grants a safe harbor for vertical agreements under certain conditions (among others, a 30% market share threshold and the absence of “hardcore” listed restrictions). Identifying who may be liable is therefore of paramount importance.

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

FEBRUARY 12, 2024

1444 of 2022 of 6 July 2023, which underlined the importance of respecting party autonomy in upholding arbitration agreements. The recent decisions reinforce the principle that challenging arbitration agreements is an uphill battle with a high threshold, requiring solid and irrefutable evidence. Dubai CoC Case No.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

JUNE 20, 2024

The inclusion in the Guideline itself rather than in the commentary as per the draft, shows the importance of the arbitrator’s obligation to draft awards. The interpretation of “[w]here appropriate” in this specific context will have to be determined in practice in order to successfully apply this provision.

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Evaluation Thresholds Ethics Accountability 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

For example, when we take a whole year of contracts after a transparency reform taking place in May, our estimation may be biased if a procurement regulatory reform happened 5 months later, such as a new reporting threshold introduced. However, the average number of received bids increases by 0.5 bids without direct contracts considered.

Bidder 40

Bidder Transparency Public Procurement Contract 40

Kluwer Arbitration

SEPTEMBER 16, 2024

However, considering the greater risk, efforts, time, and expenses involved in non-recognition of an award as opposed to the removal of an arbitrator during the arbitration proceedings, courts across the world have applied a higher threshold of bias to prevent the enforcement of an award than the standards set for ordinary judicial review.

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Thresholds Corruption IT Sustainability 52

Kluwer Arbitration

NOVEMBER 20, 2024

Varin underscored the importance of timing global business events to align with major international movements – like the UN General Assembly – creating synergies that amplify the impact of business initiatives. Simoni added that U.S. She noted that contracts with early legal input are far less likely to end in disputes.

Contract 52

Contract Import Participation Management 52

Kluwer Arbitration

OCTOBER 25, 2023

Dr. Al Tourah commented on the ongoing discussions to progress Kuwait’s arbitration landscape and on the importance of selecting the most appropriate regime for Kuwait. Balfaqeeh then presented an in-depth analysis of the threshold for interim reliefs, particularly under the UAE Arbitration Law.

Collaboration 52

Collaboration Import Thresholds Efficiency 52

Kluwer Arbitration

JULY 5, 2024

This is an important step in promoting the adoption of the “seat standard” among lower courts throughout China. Faced with the same threshold question in Brentwood , the Beijing Court directly applied the “seat standard” and decided that it had supervisory jurisdiction over the ICC award rendered in Beijing.

Thresholds 52

Thresholds Import Corruption IT 52

Kluwer Arbitration

FEBRUARY 5, 2024

The Indian arbitration bar was waiting for an important judgment of a 7-judge bench of the Indian Supreme Court (“ Judgment ”), which reviewed its own earlier judgment in NN Global Mercantile Private Limited v. This makes the Judgment an important exposition of law in the field of arbitration for India. Indo Unique Flame Ltd.

Import 52

Import Balance Contract Insurance 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

OCTOBER 6, 2024

Previous tribunals required an emergency exceeding a certain threshold (see the cases arising out of the Argentine financial crisis), a (para-)military objective of a measure ( CC/Devas v India ), or demanded a threat of national dimension (see Michael Lee-Chin v Dominican Republic ) for a security exception to apply.

Thresholds 52

Thresholds Utilities IT Corruption 52

Kluwer Arbitration

JANUARY 2, 2024

However, there remains a lack of clarity as to the threshold of proportionality applied. Given the importance of England as an international arbitral seat, the book will be of interest to a wider global audience with an interest in international arbitration.

Management 52

Management Supply Chain Thresholds Balance 52

Kluwer Arbitration

MARCH 20, 2024

Assignment issues are often of decisive importance in international arbitrations given the hard-edged nature of questions of jurisdiction, title, and standing. However, the availability of de novo review under s. 67 of the Arbitration Act 1996 means that litigation will almost inevitably ensue to the extent that the law remains unsettled.

Insurance 52

Insurance Contract Import Thresholds 52

Kluwer Arbitration

JULY 12, 2024

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. of the VIAC Rules ). Russia and Stati v. Republic of Kazakhstan ).

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

FEBRUARY 21, 2024

First, the Amicus argues that a US court must make “its own determination that an arbitration agreement exists” as a “threshold” matter of determining its jurisdiction under FSIA. The United States Argues that the District Court Must Determine that an Arbitration Agreement Exists. Amicus at 10, 16). Amicus at 13). Amicus at 9).

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Thresholds IT Balance Media 52

Kluwer Arbitration

NOVEMBER 18, 2023

The YCAP report is a rare opportunity, given the confidentiality of arbitral awards, to see what parties can expect from arbitral tribunals, and thus provides an important data point for practitioners in advising their clients. More coverage from Seoul ADR Week is available here.

Management 52

Management Data Negotiation Participation 52

Kluwer Arbitration

MARCH 3, 2024

As discussed below, this will be particularly relevant when considering the threshold that should be applied by the tribunal as some institutional rules adopt a different test (although as discussed further below some institutions may adapt their rules to reflect the proposed amendment).

Thresholds 52

Thresholds Efficiency Finance Import 52

Kluwer Arbitration

DECEMBER 2, 2023

For example, establishing the threshold for prejudice, setting standards for the recusal of arbitrators, outlining mandatory disclosure requirements, and building a body of precedent will be crucial to providing a comprehensive framework for the qualification of an arbitrator.

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Select GCR

SEPTEMBER 3, 2024

It’s important to verify the exclusivity of the source and highlight the criteria used to determine such a situation. For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted.

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Procurement Supplier Price Competitive Bidding 52

Kluwer Arbitration

JANUARY 16, 2024

A high threshold is applicable to s. 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 Société Alexander Brothers Ltd, Court of Appeal of Versailles, RG No.

Corruption 52

Corruption Insurance IT Contract 52

Kluwer Arbitration

FEBRUARY 12, 2025

In Keenan , the Supreme Court dismissed the set aside application, as the appellant only met the threshold of an arguable case as opposed to that of obvious error. First, at paragraph [31], the Court notes the importance of the finality of arbitral awards.

Thresholds 52

Thresholds Retail Insurance Corruption 52

Kluwer Arbitration

APRIL 7, 2025

In terms of engaging legal counsel, paragraph 7 outlines the criteria for selecting Nigerian counsel, highlighting the importance of technical skill, expertise, and transparency in the selection process. Additionally, appointments for disputes involving MDAs which exceed 50 million Nigerian Naira require approval from the AGF. and 16.5).

Negotiation 52

Negotiation Thresholds Capacity Collaboration 52

Kluwer Arbitration

DECEMBER 5, 2024

Commentary In setting aside the Singapore Award, the Court demonstrated its commitment to safeguarding the legitimacy of international arbitration and highlighted the importance of the role of supervisory courts in upholding standards of natural justice. This deprived the parties of their right to a fair, independent and impartial award.

Accountability 52

Accountability Balance Import Tender 52

Kluwer Arbitration

NOVEMBER 24, 2024

Indeed, Clayton reaffirms the principle of minimal judicial intervention in arbitration and underscores the importance of respecting the finality of arbitration awards. It also highlights the high threshold that must be met to challenge an arbitration award on jurisdictional grounds successfully.

Balance 52

Balance Import Utilities Thresholds 52

Kluwer Arbitration

MARCH 17, 2025

By agreeing to have the arbitration administered pursuant to the LCIA Rules, the parties therefore agree that the tribunal, after giving the parties a reasonable opportunity to state their views, will have the power to make an Early Determination subject to satisfying the relevant threshold tests.

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Efficiency Balance Thresholds Import 59

Kluwer Arbitration

MARCH 7, 2025

Supreme Court of Justice of Portugal, 790/23.2YRLSB.S1, 14 November 2024 Iaki Carrera, VdA Legal Partners, & Jos Miguel Jdice, Independent Arbitrator, ITA Reporters for Portugal This decision is important for two reasons: (1) There is still a tendency to apply Civil Procedural Code rules to domestic arbitration proceedings.

E-procurement 52

E-procurement Thresholds Import Distribution 52

Kluwer Arbitration

JANUARY 18, 2025

Jolley commented that the traditional organizational structure of Japanese companies also requires a great deal of information gathering and consensus-building to decide whether the company will proceed with arbitration, during which legal departments and external counsel must play an important role.

Risk Management 52

Risk Management Negotiation Consulting Participation 52

Kluwer Arbitration

JANUARY 23, 2025

The SGCA clarified that the threshold for identifying vexatious or oppressive conduct is a high one. Readers will thus appreciate that the language of the arbitration clause will play an important role in determining whether claims against non-parties can be folded into arbitration.

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Participation Contract Thresholds Negotiation 52