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To succeed, governments must embrace innovation, integrate cutting-edge tools like artificial intelligence (AI) and blockchain, and empower procurement teams to lead the way. Governments worldwide control vast budgets through procurement, giving them the power to: Drive innovation by demanding advanced solutions from vendors.
that prohibits SETA contractors from using their insights and influence to gain an unfair advantage or worse, commit fraud. Some major technology companies have sought to influence government contractors through kickbacks, job offers and special discounts. conflict of interest and false claims rules. Congress must enforce FAR 9.5
Challenge: Despite ongoing government reforms, corruption and inefficient spending remains pervasive in Kazakhstan’s public procurement. Finally, the Anti-Corruption Agency is proactively supporting the development of civic monitoring and has agreed to cooperate with the civil society coalition to monitor procurement.
Set against the vibrant backdrop of Berlin, the conference brought together distinguished practitioners and experts from across the globe to explore the latest trends, challenges, and innovations in international arbitration. A Morning Coffee Debate: Will Diversity Kill the Party-appointed Arbitrator?
By embracing innovation, we hope to enhance efficiency, reduce costs, and provide a seamless experience for all users, thereby streamlining processes, reducing administrative burdens, and enhancing the overall ADR experience. Can you please tell us about one particular position or experience that you held and how it influenced your career?
To recall, this innovative mechanism , defined in Section 56 of the AMA, adds a new dimension to traditional arbitration proceedings. The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals.
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.
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.
AI and Arbitration – The Swedish Perspective Given Sweden’s reputation as a modern and innovative jurisdiction, it will not unsurprising that the accelerating developments at the intersection of AI are also taking place here. The influence of counsel was often more discernible in written witness statements than oral evidence.
Catherine Amirfar drew attention to the use of innovative mechanisms, such as conciliation commissions, to tackle climate issues under public international law. Martin Doe elaborated on how such innovative mechanisms can address technical and procedural challenges that cannot be resolved through conventional procedures.
Crypto, block-chain and AI technology will all influence business transactions over time, meaning the type of disputes will evolve. These initiatives are bound to influence approaches to private dispute resolution as well, including arbitration. Is it time for lawyers to innovate? Singapore too is pursuing similar initiatives.
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.
Implementing this multifaceted approach, with an emphasis on mediation and proactive conflict avoidance, will not only facilitate more effective dispute resolution but also foster trust within the data privacy ecosystem, which is essential for ongoing innovation and growth in the digital economy.
The Arbitration Law contains some innovative provisions inspired by the UNCITRAL Model Law, constituting an important step towards modernisation. This step, however, to some extent, is mitigated by those more restrictive provisions that are influenced by Shariah law in Saudi legislation.
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.
Paris, amidst its annual Arbitration Week in 2024 , saw the convergence of arbitration practitioners and enthusiasts at the Hyatt Paris Madeleine for the conference “The Rise of Arbitration in Asia,” a testament to the region’s expanding arbitration influence, convened by Rajah & Tann Asia.
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 ).
A popular way of doings so is promulgating an innovative set of arbitration rules. ArbitrateAD instead acts as ADCCAC’s improved successor, not unlike the “ modernizations and innovations ” that SCCA – like many other arbitral institutions – has implemented in recent years. Whereas the “main objective” of Decree No.
And there are attributes or properties influencing the interpretability of a model (eg clarity) for which there are no evaluation metrics (yet?). 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.
Domestic legislative and judicial bodies and arbitral institutions continue to grapple with recent trends and come up with innovative solutions that reflect the unique experience of this region. Domestic courts clarified issues fundamental to arbitration and the judicial enforcement of arbitral awards.
The MIIR is envisaged to serve as the framework by which States may apply various innovative features in their investment disputes. In this sense, given the scepticism expressed by some States regarding far-reaching reform, a lot is riding on the 49th session: the MIIR’s ultimate scope of influence is dependent on its outcome.
Procurement rules and policies seek to ensure that contract awards are free from corruption, conflicts of interest or anticompetitive practices, and that these vast sums of public funds generate value for money and support social, environmental, and innovative practices. There is always room for improvement, though.
Influenced by legacy foreign direct investment policy practices, governments often prioritize lower taxes to stimulate economic growth and attract investment. Ensuring ease of doing business by simplifying bureaucracy and regulations, combating corruption, and advancing research and development.
The second panel explored the future of international arbitration and how the field will evolve in view of technological advancements, geopolitical influences, and procedural innovations in ADR.
McCormack , who discussed the benefits of private dispute resolution, the differences between domestic and international users’ demands, and innovation within her organization. She further noted the AAA-ICDR’s focus on innovation and institutional support to disputing parties, leveraging the experience and expertise of its case managers.
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 Below is a list of the ICC Conference’s main highlights.
Conversation on the Geopolitics of International Commercial and Investor-State Arbitration The conversation between Ms Lucy Reed (President, SIAC Court of Arbitration) and Minister Shanmugam, SC canvassed the geopolitical state of play and its influence on international commercial and investor-State arbitration. and the new Rule 19.7
SIAC appears to be on the frontlines of influencing this progress, having administered cases involving 169 parties from the Philippines with a total sum in dispute in excess of SGD 5 billion in the last five years. Gloria Lim , CEO of SIAC, and Ms. Finally, Ms. This article is submitted in a personal capacity.
The second panel, “ TechTalk: Unraveling the Tapestry – AI’s Influence on International Arbitration”, included Luke Sobota ( Founding Partner, Three Crowns LLP), Nilufar Hossain (Investment Manager and Legal Counsel, Omni Bridgeway), Rachel Thorn (Partner, Cooley LLP), and Marco de Sousa (Senior Associate, Herbert Smith Freehills LLP).
Factors influencing these choices include the backing of a robust and pro-arbitration judiciary, comprehensive legislative frameworks, and legal predictability. It highlighted the significance of traditional trade inputs in Latin America and how innovation in Asia has enhanced productivity.
3458 to acquire innovative commercial products and commercial services using general solicitation competitive procedures. . § 3456(b), to require contracting officers to provide, upon a contractor’s or subcontractor’s request, a copy of any memorandum summarizing the commerciality determination for a product or service.
On October 1st, over 40 attendees—including senior lawyers, arbitrators, and law students—gathered at Debevoise & Plimpton’s New York offices for a groundbreaking ITA Americas Initiative event titled “Dialogues on Latin American Arbitration: Mining Disputes, China’s Growing Influence, and Recurring Damages Issues.”
Niamh Leinwather , discussed the media’s influence on arbitration. The discussion of the panel was focused on the media’s influence on arbitration. Mr. Bichara shared his insights on the media’s influence based on his experience in sports arbitration. Zukova highlighted significant innovations in the revised version.
Key innovations include changes in provisions for expedited procedures, bifurcated proceedings, emergency procedures, and arbitrator challenges. While these differences may not always dictate case outcomes, they can influence party preferences and strategies when selecting a seat of arbitration.
On the regulatory front, frameworks such as the European Union AI Act are expected to influence the adoption of AI in arbitration. One contributor pointed out that while its direct impact on arbitration is still to be seen, it serves as a timely reminder of the need to align AI innovation with good governance.
These include transparent and professional structures that are insulated from external influence. Building institutions that are resilient, trusted, and responsive to local and international demands remains a long-term endeavorone that calls for cooperation, innovation, and a deep understanding of African realities.
Significant Advancements in Dispute Resolution Frameworks Southeast Asian countries launched modernised arbitration laws and innovative court projects, reflecting the region’s efforts to enhance arbitration accessibility, transparency, and efficiency. Here’s a closer look at last year’s highlights.
Today, I am active in several associations, such as the Swedish Anti-Corruption Institute , the International Law Association , and the International Federation of Commercial Arbitration Institutions. Looking ahead, are there any forthcoming innovations that you would like to share with our readership? Keep an eye out! Absolutely!
Venezuela , the tribunal took an innovative approach, arguing that the ‘own acts’ doctrine should be considered a settled principle of international law, rather than merely analogous to estoppel. In Nova Scotia Power v. The blogpost was written during a Research Foundation – Flanders fellowship (FWO.3E0.2022.0079.01)
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