Kluwer Arbitration

MARCH 25, 2024

These reforms centered on state involvement and equity participation in strategic mineral deposits, and increased national benefits from its rich mineral resources. Mongolia’s past legal reforms in the mining sector were primarily driven by resource nationalism and political populism.

Transparency 105

Transparency Negotiation Price Export 105

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

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

MAY 8, 2024

In the first panel, moderated by Maanas Jain , the speakers David W Rivkin , Gourab Banerji SA , Susan Ahern , Aisha Nadar and Kap-You (Kevin) Kim discussed how aspects of arbitration procedures impact the behaviour of its human participants. The speakers then discussed in detail Guidelines I.B,

Participation 52

Participation Import Sustainability Ethics 52

Kluwer Arbitration

MAY 8, 2024

In the first panel, moderated by Maanas Jain , the speakers David W Rivkin , Gourab Banerji SA , Susan Ahern , Aisha Nadar and Kap-You (Kevin) Kim discussed how aspects of arbitration procedures impact the behaviour of its human participants. The speakers then discussed in detail Guidelines I.B,

Ethics 52

Ethics Participation Import Sustainability 52

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. These debates were covered by the Chatham House Rule.

IT 52

IT Participation Influencing Corruption 52

Kluwer Arbitration

APRIL 1, 2024

The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations. countries, are by far the most vocal participants in the discussions. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

MAY 14, 2024

Similarly to cases involving corruption or money laundering. Arbitrators with expertise in Environmental Law may not exert such significant influence as may be expected on the tribunal and they may even raise suspicion of bias, depending on the circumstances. Argentina , or pursuant to the Bangladesh Accord post-Rana Plaza catastrophe.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

Kluwer Arbitration

OCTOBER 20, 2023

Ong highlighted the difficulty of certain international lawyers participating in expert preparation, as their local rules do not permit them to do so. Participants discussed institutional appeals processes, and how such processes run against the goal of arbitration to maximize efficiency. Further, Ms.

Ethics 52

Ethics Insurance Participation Import 52

Kluwer Arbitration

JANUARY 28, 2024

Participants can use them to afford more uniformity and certainty to the proceedings, i.e., agreeing to the accepted uses of AI at the initiation of a dispute resolution process. The Guidelines are intended to be used as a supplement, as necessary, to national laws. Vitaly Ivanovich Smagin , No. 22–381 (U.S.

Corruption 52

Corruption Participation Efficiency Ethics 52

Kluwer Arbitration

OCTOBER 9, 2024

In this context, he pointed out that the extent to which parties are prepared to fund the arbitration process (“ which price they are willing to pay” ) can significantly influence the tribunal’s ability to thoroughly address the complexities of the case.

Innovation 52

Innovation Efficiency Balance Quality 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. In keeping with the ethos of LIDW, the discussion covered funding with respect to both arbitration and litigation.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

SEPTEMBER 22, 2023

In light of this participation, the panelists briefly mentioned the Draft code of conduct for arbitrators in international investment dispute resolution published a few weeks ago by the UNCITRAL Working Group III, in which the PCA has participated as an observer alongside other institutions.

IT 40

IT Participation Influencing Logistics 40

Kluwer Arbitration

SEPTEMBER 5, 2024

Concluding Remarks on the Draft MIIR Indeed, it will be for States to determine whether the additional efforts required to participate in the undoubtedly complex proposed new regime are worth the benefits of being able to apply the proposed options for reform.

Influencing 52

Influencing Corruption Participation IT 52

Kluwer Arbitration

APRIL 11, 2024

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.

Innovation 52

Innovation Influencing Logistics 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. In essence, as described in Bilingualism in the Real World by Inbal Itzhak et.

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

NOVEMBER 4, 2023

While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘ SIAC Manila Conference 2023: Deep Dive into Arbitration Trends ’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap the conference attendees at 500 practitioners, government representatives, and in-house counsel.

Purchasing 52

Purchasing Participation Efficiency Influencing 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. The panelists discussed efforts to develop Uzbekistan’s arbitration sphere, a theme explored throughout the week.

Collaboration 52

Collaboration Transparency Efficiency Influencing 52

Kluwer Arbitration

DECEMBER 9, 2023

The panelist noted that in the few cases where the ICC approved such payments, it was understood as compensation for the company itself, especially in complex cases where “ the participation of the in-house counsel would no longer fall within the ordinary cost of doing business ”. Below is a list of the ICC Conference’s main highlights.

Public Bidding 52

Public Bidding Import Bidding Demand 52

Kluwer Arbitration

JANUARY 14, 2024

Influenced by civil law practice, these rules stand out for its requirements of tribunals to offer preliminary opinions on factual and legal issues, thus facilitating settlement discussions based on case strength and enhancing arbitration efficiency. The focus is to ease access to Japanese courts for enforcing arbitration awards.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.

Balance 52

Balance Transparency Contract Tender 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.

Import 52

Import Efficiency Influencing Integration 52

Kluwer Arbitration

MARCH 12, 2024

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 10bis g.).

Media 52

Media Influencing IT Corruption 52

Government Contracts Legal Forum

JANUARY 5, 2024

Notably, from FY 2018-2022 GAO found “numerous examples of defense-related M&A that potentially presented risks” to DoD but for which DoD did not participate in antitrust review, in many cases because it appears that the FTC and DOJ may not have reached out to DoD for input and DoD was otherwise unaware of the transaction.

Government 40

Government Government Export Data 40

Kluwer Arbitration

SEPTEMBER 24, 2024

Therefore, RZhD seems unlikely to have an incentive to participate in arbitration in Vienna. Nevertheless, even if it initially seems that all sanctioned Russian parties have little incentive beyond withdrawing from arbitration agreements to resolve disputes in Russian courts, various factors could influence their decision.

Export 52

Export Influencing Contract Utilities 52

Kluwer Arbitration

SEPTEMBER 23, 2024

Today the majority of teams have participated in numerous pre-moots either in person or online. Typical examples are contracts in a supply chain where the determination that the goods delivered to the final customer are non-conforming may influence the dispute between the seller and its supplier. Past interviews are available here.

Supply Chain 52

Supply Chain Supplier Participation Balance 52

Kluwer Arbitration

APRIL 24, 2025

Additionally, it provides insight into the interplay between objective standards of independence and impartiality, the influence of bias within the tribunal, and unanimity in arbitral awards. Unanimous arbitral awards under the allegation of bias: Is quantum of influence the correct standard? Spain ICSID Case No.

Influencing 52

Influencing Internal Analysis Corruption IT 52

Kluwer Arbitration

FEBRUARY 24, 2025

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

Influencing 59

Influencing Utilities Export IT 59

Kluwer Arbitration

DECEMBER 16, 2024

Yoshimi Ohara (Nagashima Ohno & Tsunematsu, Tokyo) considers the seat to be important because it influences the style of arbitration, which is often shaped by the court practices of the jurisdiction. For example, civil law jurisdictions, such as Japan, can have a very different concept of discovery to common law jurisdictions.

Transparency 98

Transparency Quality Influencing Import 98

Kluwer Arbitration

NOVEMBER 18, 2024

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.”

Innovation 52

Innovation Participation Influencing Negotiation 52

Kluwer Arbitration

FEBRUARY 23, 2025

The very reason for allowing both sides to influence the composition of the decision-making body is that rational parties can be trusted with choosing competent decision-makers who possess the relevant knowledge and experience to resolve the specific dispute that is submitted to them.

Influencing 52

Influencing Data Balance Finance 52

Kluwer Arbitration

FEBRUARY 14, 2025

Modern arbitration practices allow non-parties to engage meaningfully through mechanisms like joinder and consolidation, addressing most concerns about the impact on non-participating parties.

Participation 52

Participation Influencing Balance Corruption 52

Kluwer Arbitration

OCTOBER 29, 2024

Once again, Respondent did not formally object to the translator’s participation. After an award was issued against it on July 31, 2015, Usimec sought its annulment, claiming that the translator’s lack of independence and impartiality led to the Sole Arbitrator being influenced by unreliable evidence.

Participation 59

Participation Influencing Import Government 59

Kluwer Arbitration

JANUARY 18, 2025

Key topics included how disputes are viewed within business and legal departments, cultural and structural factors influencing the adoption of arbitration, effective use of arbitration as a tool to facilitate settlement, and the use of third-party funding to mitigate the risk of arbitration. Mr. Tateno and Ms.

Risk Management 52

Risk Management Negotiation Consulting Participation 52

Kluwer Arbitration

JANUARY 15, 2025

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. I spend time arranging, speaking at, moderating and participating in international events. Past interviews are available here.

Efficiency 52

Efficiency Participation Quality Corruption 52