Public Procurement Intl

OCTOBER 21, 2024

These and other constraints under the model law are commendable anti-corruption measures, but may make it more difficult to accommodate emerging “green procurement” approaches. Planning The first strategy looks to procurement planning. Brazil has used this strategy aggressively in its efforts to implement “green procurement,” and the U.S.

Procurement 147

Procurement Procurement Strategies E-procurement Bidder 147

Kluwer Arbitration

MAY 4, 2024

Over three days, the participants will explore the ways in which arbitration reflects and influences human behavior, and affects individual lives and wider societal dynamics alike. ICCA is delighted to open its 26th biennial Congress in Hong Kong today.

Ethics 52

Ethics Influencing Participation Quality 52

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 All other jurisdictions in the Region have outdated arbitration legislation influenced by now-repealed old English Arbitration Acts. We explain below the Report’s main conclusions and recommendations.

IT 52

IT Education Influencing Finance 52

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

Whistleblower Network News

NOVEMBER 16, 2023

Whistleblower advocates argue that these restrictions dissuade potential whistleblowers from engaging with the program, interfering with the agency’s objective of identifying corruption. In 2022, Krupski was fired for bad behavior, poor time management, and being a “negative influence.” National Highway Traffic Safety Administration.

Education 103

Education Whistle-blowing Media Data 103

Kluwer Arbitration

MARCH 21, 2024

Undisputedly, this is one of the practical advantages of this type of meeting, allowing any topic to be addressed or any question to be raised, and participants can express their personal positions freely, without worrying on being quoted publicly. Here, we can draw a parallel between the situation of national judges and those of arbitrators.

IT 52

IT Participation Influencing Corruption 52

Kluwer Arbitration

DECEMBER 26, 2023

During my previous tenure as the Director of AIAC from 2010-2018, one of the pivotal moments was the rebranding of the Regional Centre of Arbitration Kuala Lumpur (RCAKL) to Kuala Lumpur Regional Centre for Arbitration (KLRCA) in May 2010 symbolising the Centre’s regional forward-looking growth.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

DECEMBER 28, 2023

This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. The UNCITRAL Draft Codes of Conduct and Commentary (2022) recommended abolition of double hatting while introducing an extensive disclosure regime. However, Eiser already made these requirements obligatory.

Thresholds 95

Thresholds Influencing Corruption IT 95

Kluwer Arbitration

MARCH 25, 2024

Mongolia is a country rich in natural resources. Its estimated mineral wealth is $1-3 trillion, with coal, copper, and gold making up the primary reserves. Having been so well endowed by Mother Earth, Mongolia would seem to be an obvious choice for international investors with capital and expertise to exploit these valuable opportunities.

Transparency 105

Transparency Negotiation Price Export 105

Kluwer Arbitration

JUNE 19, 2024

Additionally, the Claimants claimed that Panama’s actions included a smear campaign, which involved a criminal investigation into corruption allegations against Mr. Rivera, damaging his global reputation. In the 2022 case of Omega Engineering LLC and Oscar Rivera v. Republic of Panama (ICSID Case No.

Corruption 52

Corruption Balance Capacity Contract 52

Kluwer Arbitration

MAY 7, 2024

Revised General Standard 4 It is broadly accepted in international arbitration that arbitrators have an ongoing duty to (reasonably) investigate and disclose circumstances that may give rise to doubts about their independence and impartiality. The parties’ “duty of curiosity” is increasingly seen as stringent.

Influencing 52

Influencing Transparency Networking Media 52

Kluwer Arbitration

MAY 11, 2024

Enhancing Arbitrator Expertise for International Tech Disputes Technology’s influence on arbitration is increasing, enhancing the efficiency and effectiveness of proceedings. Recognizing and understanding these differences is crucial, as it influences how arbitrators perceive and judge the credibility of testimonies.

Influencing 59

Influencing Integration Integrity Manufacturing 59

Kluwer Arbitration

SEPTEMBER 11, 2024

Waiver of Execution Immunity Under the SIA The increasing acceptance of the doctrine of restrictive immunity has influenced how municipal courts treat arbitration agreements entered into by States and State-owned entities (“SOEs”). In this post, we dissect the Court’s decision in General Dynamics and reflect on its principal takeaways.

Thresholds 98

Thresholds Contract Influencing Corruption 98

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. Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted.

Management 52

Management Corruption Negotiation Import 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). This is a frequently asked question to the PCA.

IT 40

IT Participation Influencing Logistics 40

Kluwer Arbitration

FEBRUARY 15, 2024

The program bridged and expanded the discussion that took place at a highly popular program featured in the 2022 edition of WAW on the influence of public international law (“PIL”) on ISDS (read the prior KAB coverage here ). He explained that the ICJ (or “World Court”) has referred to ISDS cases only in very few instances.

Influencing 52

Influencing IT Negotiation Corruption 52

Kluwer Arbitration

AUGUST 9, 2024

They noted that VR and AR can be costly, complex, and raise questions of confidentiality, reliability, and influence. On 7 June 2024, the Dutch Arbitration Association (“DAA”) held its annual conference (the Dutch Arbitration Day “DAD”).

Finance 98

Finance Transparency Demand Sustainability 98

Kluwer Arbitration

DECEMBER 10, 2023

In our data-centric economy, disputes related to the safeguarding, access and use of data are on the rise. That Microsoft has ‘stashed’ almost half a billion dollars in anticipation of a potential regulatory fine for allegations of dodgy data processing practices at its unit, LinkedIn, indicates that with big data comes bigger disputes.

Data 97

Data Balance Transparency Efficiency 97

Kluwer Arbitration

DECEMBER 17, 2023

As concluding remarks, Herfried discusses how different approaches to damages and valuation are being considered in the ongoing work of UNCITRAL Working Group III, which may influence future cases in this field. A few takeaways from the conversation include: When assessing damages and valuation in international disputes.

Ethics 52

Ethics Influencing Corruption Quality 52

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. Judicial Developments Ongoing legal proceedings in the UK and beyond highlight the evolving landscape of sanctions in arbitration.

Influencing 52

Influencing Logistics Export Collaboration 52

Kluwer Arbitration

AUGUST 12, 2024

This study aims to identify the determinants influencing the selection of commercial arbitration and examines whether a managerial level position affects this decision. Data were collected through interviews with 480 managers across five managerial levels in businesses with arbitration agreements in Vietnam’s leading arbitration centres.

Transparency 52

Transparency Influencing Efficiency Balance 52

Kluwer Arbitration

JUNE 8, 2024

Navigating the Human Elements in Arbitration The ICCA Hong Kong 2024 conference also explored how to navigate the human elements that influence arbitration. Mark Friedman explained that humans are influenced in their decision-making by the need for “cognitive comfort” (i.e.,

Influencing 52

Influencing Participation Efficiency Transparency 52

Kluwer Arbitration

JUNE 15, 2024

In already formally notifying its withdrawal, the UK has therefore put itself into a position where it can no longer influence which version of the ECT it will sail into the sunset. This post addresses the legal parameters for the UK’s withdrawal and its interaction with the modernization efforts. At the same time, Article 36(1) lit.

Influencing 52

Influencing Contract Negotiation Corruption 52

Kluwer Arbitration

FEBRUARY 22, 2024

This step, however, to some extent, is mitigated by those more restrictive provisions that are influenced by Shariah law in Saudi legislation. In recent years, the Kingdom of Saudi Arabia (“KSA”) has experienced a significant surge in construction projects and notable developments in its energy sector.

Negotiation 52

Negotiation Influencing Efficiency Corruption 52

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 changes have profound political, economic, and societal implications.

Influencing 52

Influencing Thresholds Accountability Negotiation 52

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. Process & Industrial Development , para. Let’s kill all the lawyers. ’” ( Nigeria v. Process & Industrial Development , para.

Corruption 40

Corruption Contract Sustainability Import 40

Kluwer Arbitration

DECEMBER 21, 2023

These changes significantly influence the process of accrediting arbitrators and the enforcement of arbitral awards. India: Framework Revisions Underway Fali S. Nariman’s National Report for India provides an insightful overview of recent amendments to the Arbitration and Conciliation Act.

Influencing 52

Influencing Corruption IT Contract 52

Kluwer Arbitration

OCTOBER 4, 2024

Recent developments, such as potential statutory adjustments in England and Wales influenced by recommendations from the English Law Commission, underscore the need for clarity in governing law determinations. The paper also addresses enforcement challenges, particularly in light of Article V(2)(b) of the New York Convention.

Influencing 52

Influencing Distribution Corruption Evaluation 52

Kluwer Arbitration

APRIL 10, 2024

He pointed out the broader economic and legal ramifications of these trade tensions, emphasizing their influence on international arbitration as disputes become more entangled with issues of national interest and economic policy. Sobota opened the panel discussion by providing an overview of the U.S.-China

Influencing 52

Influencing Import Supply Chain Collaboration 52

Kluwer Arbitration

JUNE 8, 2024

One of the motivating factors for states withdrawing from the ECT was to remove the treaty protections it offered to fossil fuel investments, as those treaty protections resulted in a regulatory chill preventing states from enhancing their environmental regulations. Russia , where the ECtHR affirmed the right to property under the Charter.

Influencing 52

Influencing Balance Negotiation Corruption 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

JANUARY 22, 2024

The Bahrain Court of Cassation (“Court of Cassation”) recently examined the relationship between arbitration and a pre-required mediation step in its decision of 19 June 2023 in Case No. 815 of 2022. The case concerned a multi-tiered dispute resolution clause providing for mediation then arbitration.

Influencing 52

Influencing Contract IT Corruption 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. Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. Ltd. (“Kaga”).

Electronics 59

Electronics Influencing Import Corruption 59

Kluwer Arbitration

SEPTEMBER 22, 2024

Regarding authorization procedures, the SIFA requires the Parties to process applications objectively, impartially, and independently from undue influence, with clear, transparent criteria (Articles 19 and 21). It should also be clarified that the SIFA applies equally to EU investments in Angola and Angolan investments in the EU.

Sustainability 52

Sustainability Transparency Influencing Negotiation 52

Kluwer Arbitration

APRIL 1, 2024

Originally scheduled for March 2020, the event was, of necessity, postponed when COVID-19 swept away all before it. With that aberration now consigned to history, the time is ripe for JAW to proceed. It will feature a constellation of notable speakers. The impact of these developments on AFSA’s caseload has been remarkable.

Ethics 52

Ethics Influencing Integration Integrity 52

Kluwer Arbitration

JANUARY 31, 2024

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. When everything is recorded on-chain, events and facts will be harder to dispute.

Efficiency 52

Efficiency Innovation Influencing Management 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