Kluwer Arbitration

DECEMBER 14, 2024

Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted. Morgan MWENDA, Regional Arbitration Centres for Investor Protection African integration is progressively strengthening regional ties and offering new economic opportunities.

Management 52

Management Corruption Negotiation Import 52

How to Crack a Nut

NOVEMBER 17, 2023

From this narrow perspective, procurement would be primarily concerned with ensuring the integrity and probity of decision-making processes involving the management of public funds, as well as fostering the generation of value for money through effective reliance on competition for public contracts.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

AUGUST 9, 2024

They noted that VR and AR can be costly, complex, and raise questions of confidentiality, reliability, and influence. Conclusion The future of arbitration can be shaped by integrating ESG factors and AI, and by prioritising diversity, accessibility, and transparency.

Finance 98

Finance Transparency Demand Sustainability 98

Kluwer Arbitration

DECEMBER 10, 2023

Leveraging arbitration’s strengths can ensure smooth integration of data privacy protection in our interconnected world, balancing individual rights with the ever-growing demand for data. This post highlights the potential for arbitration to handle data privacy disputes, a realm traditionally reserved for public courts.

Data 97

Data Balance Transparency Efficiency 97

Kluwer Arbitration

APRIL 1, 2024

Attendees can expect engaging sessions on topics such as ‘Integrity in International Arbitration’ and discussions on the Silk Road, BRICS initiatives, and the evolving legal landscape, reflecting JAW’s commitment to addressing foundational and contemporary arbitration issues.

Ethics 52

Ethics Influencing Integration Integrity 52

Kluwer Arbitration

OCTOBER 9, 2024

The event opened with a keynote speech on handling complex disputes, followed by panels addressing key topics including diversity in arbitrator appointments, efficiency, the integration of AI, and the evolving challenges of disclosure and confidentiality. A Morning Coffee Debate: Will Diversity Kill the Party-appointed Arbitrator?

Innovation 52

Innovation Efficiency Balance Quality 52

Kluwer Arbitration

SEPTEMBER 22, 2024

Scope of Application Differently from traditional investment agreements, the stated purpose of the SIFA is not only to foster foreign direct investment (“FDI”) (Article 1), but also to do so in a manner that integrates environmental and labour standards, transparency, and corporate social responsibility.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

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 Ethics Efficiency Influencing 52

Tracker Intelligence

FEBRUARY 22, 2025

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.

Public Procurement 52

Public Procurement Transparency Procurement Tender 52

Kluwer Arbitration

JUNE 8, 2024

The IACtHR is examining how states’ human rights obligations intersect with climate change impacts, particularly regarding the rights to life and personal integrity. Although advisory opinions are non-binding, they are intended to influence domestic and international litigation.

Influencing 52

Influencing Balance Negotiation Corruption 52

Kluwer Arbitration

MAY 14, 2024

Moreover, CS3D will indirectly impact SMEs integrated into value chains, as those subject to CS3D must ensure compliance throughout their value chain. Similarly to cases involving corruption or money laundering. The European Commission will publish a list of non-EU companies falling within CS3D’s scope in the near future.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

Kluwer Arbitration

MAY 8, 2024

It’s (Not) Just Semantics – The Hidden Power of Language The second of the parallel panels, moderated by May Tai , saw the speakers Samaa Haridi , Jern-Fei Ng KC , Lei Shi , and Rainbow Willard explore the significant influence of language on arbitration processes and outcomes.

Participation 52

Participation Import Sustainability Ethics 52

Kluwer Arbitration

MAY 8, 2024

It’s (Not) Just Semantics – The Hidden Power of Language The second of the parallel panels, moderated by May Tai , saw the speakers Samaa Haridi , Jern-Fei Ng KC , Lei Shi , and Rainbow Willard explore the significant influence of language on arbitration processes and outcomes.

Ethics 52

Ethics Participation Import Sustainability 52

Kluwer Arbitration

AUGUST 23, 2024

Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. It also examined the implications of incorporating Japanese arbitration rules—with permissive, not mandatory, language stating arbitrators “may” rule on their own jurisdiction—on delegation.

Electronics 59

Electronics Influencing Import Corruption 59

Open Contracting Partnership

AUGUST 14, 2023

The vision is to go beyond supporting “just” a transparency and reporting portal to have a digital ecosystem that integrates real-time damage assessments, budgets, project planning, procurement and delivery. 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

Kluwer Arbitration

JUNE 7, 2024

As such, it served as a useful reminder to arbitration practitioners that regulatory approaches in respect of one might well influence attitudes towards the other. Funding is integral to the current dispute resolution regime and is utilized quite substantially in both litigation and arbitration.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

FEBRUARY 26, 2024

In contrast, use of interpreters is influenced by the choice of language, since the choice of language impacts whether interpreters are necessary, but ultimately affects perceptions of witnesses rather than lawyers.

Import 52

Import Influencing Corruption Participation 52

Inter-American Development Bank

JULY 18, 2024

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.

Import 52

Import Capacity Evaluation Government 52

Kluwer Arbitration

JULY 12, 2024

First, the panelists discussed the concept of “controlling influence”, which, as Dobrý pointed out, varies in practice, and is not limited to structural ownership and can manifest via the exercise of veto power or the power to appoint board members. The EU’s position is that EU law protects intra-EU investors to a more satisfactory degree.

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

SEPTEMBER 22, 2023

In any case, the PCA integral services are performed by its Legal Counsels. The PCA’s appointing authority role is crucial to the integrity of the proceedings, and it is worth noting that all decisions on challenges are duly reasoned and founded.

IT 40

IT Participation Influencing Logistics 40

Kluwer Arbitration

APRIL 3, 2024

Complying with such principles is crucial in maintaining international arbitration’s integrity, legitimacy, and credibility and protecting the good administration of arbitral justice. Petersburg refused to suspend litigation proceedings over arbitral proceedings at the Hong Kong International Arbitration Centre (HKIAC).

Influencing 52

Influencing Balance Capacity Import 52

Kluwer Arbitration

DECEMBER 23, 2023

Diana Bayzakova, director of the TIAC, further explained how these changes have influenced the choice of TIAC as a preferred arbitral institution and have also shaped the perception of Uzbekistan as a neutral jurisdiction. Emphasizing the TICC’s integration within the Uzbek legal system, Ms.

Collaboration 52

Collaboration Transparency Efficiency Influencing 52

Kluwer Arbitration

NOVEMBER 21, 2023

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. These grounds may be described broadly as jurisdictional, due process, and public policy.

Innovation 52

Innovation Import Influencing Balance 52

Kluwer Arbitration

APRIL 1, 2024

South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. The arbitration user community requires a structured, efficient, and cost-effective alternative to traditional litigation.

Import 52

Import Efficiency Influencing Integration 52

Kluwer Arbitration

FEBRUARY 18, 2024

Full-Protection-and-Security (FPS) The Model Clauses clarify that FPS covers only “ physical ” integrity of investors and investments against interference. This seeks to distinguish other forms of protection and security (e.g., ‘legal’ security) and to avoid an overlap with protections under FET.

Negotiation 52

Negotiation Supply Chain Transparency Education 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

In spite of such major policy developments, we still lack the specific and rigorous evidence on the impact of transparency interventions and which types of transparency matter for which actors to support desirable societal outcomes such as high quality public services, procedural justice or public sector integrity (Bauhr et al, 2019).

Bidder 40

Bidder Transparency Public Procurement Contract 40

Kluwer Arbitration

MARCH 12, 2024

10bis, potentially undermining the institution’s integrity to the detriment of its own best interests in safeguarding its own impartiality and independence as an arbitral institution. 10bis(2) points to the risk inherent in the new regime under Art.

Media 52

Media Influencing IT Corruption 52

Kluwer Arbitration

NOVEMBER 4, 2023

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. Mr. Ocampo integrated the discussion of other panelists to come up with certain characteristics of technology disputes.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

University of Bristol

DECEMBER 5, 2022

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.

Procurement 52

Procurement Government Government Buyers 52

Kluwer Arbitration

SEPTEMBER 29, 2023

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.

Supply Chain 40

Supply Chain Innovation Accountability Influencing 40

Kluwer Arbitration

SEPTEMBER 30, 2023

Factors influencing these choices include the backing of a robust and pro-arbitration judiciary, comprehensive legislative frameworks, and legal predictability. The need for such advancements to be integrated into institutional rules was underscored, acknowledging that technology is an enabler for more efficient arbitration.

Import 40

Import Efficiency Supply Chain Transparency 40

Government Contracts Legal Forum

JANUARY 5, 2024

The provision also authorizes procurement technical assistance providers to provide education to small businesses on the requirements of DFARS 252.204-7012, Safeguarding Covered Defense Information, and the requirements for mitigating risks related to foreign ownership, control, or influence of DoD contractors under section 847 of the FY 2020 NDAA.

Government 40

Government Government Export Data 40

Select GCR

SEPTEMBER 3, 2024

Market Research and Analysis When it comes to identifying a legitimate sole source situation, conducting a market survey is an integral part of the process. This helps to maintain the integrity of the procurement process. Ensuring Fair Pricing Fair pricing is another critical aspect of managing risks in sole source procurement.

Procurement 52

Procurement Supplier Price Competitive Bidding 52

Kluwer Arbitration

NOVEMBER 14, 2023

Silva (ExxonMobil Corporation) emphasized that even smaller cases have the potential to significantly influence international rule of law. President Salomon raised the question of how companies can and should actually integrate these new technologies into corporate management decisions. Rule of law is also a question of transparency.

Transparency 40

Transparency Import Data Efficiency 40

Kluwer Arbitration

JANUARY 10, 2025

While integrating technology into arbitration offered the promise of new opportunities, it also introduced new layers of complexity, both in terms of procedure and in terms of disputes arising from technology itself. In 2024, the relationship between arbitration and technology continued to resemble a thriller.

Transparency 52

Transparency Integration Integrity Ethics 52

Kluwer Arbitration

NOVEMBER 15, 2024

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. The first panel, moderated by Ms. Rekha Rangachari , Ms.

Media 52

Media Influencing Balance Transparency 52

Kluwer Arbitration

NOVEMBER 7, 2024

This discovery raised serious concerns about the integrity of the arbitral award. Lastly, this case serves as a cautionary tale, reminding all involved in arbitration of the critical importance of safeguarding the integrity and impartiality of the arbitral process which must be reflected in every detail of the arbitral process.

Influencing 52

Influencing Integration Integrity Import 52