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., See the remainder of our coverage here.

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Curbing Corruption in Government Contracting

JANUARY 21, 2020

GTI-WP/2020:01, Budapest: Government Transparency Institute. It establishes a robust methodology to explore what impacts can be measured and also explores the channels through which transparency is indeed impactful – e.g. who are the stakeholders and enablers that are the actual drivers of change using increased transparency.

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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. The Sorcerer’s Apprentice – Only Upsides to AI in Arbitration?

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Select GCR

SEPTEMBER 3, 2024

The sole source justification process is rigorous and requires approval from the organization’s procurement services, with steps including the completion and review of a justification form, internal review and approvals, and adherence to transparency and compliance regulations to manage risks effectively.

Procurement 52

Procurement Supplier Price Competitive Bidding 52

Kluwer Arbitration

MAY 14, 2024

Arbitration has several features that suit the resolution of climate change disputes: neutral forum, arbitrators with specialist expertise, procedural flexibility, confidentiality (though in tension with transparency), and ease of enforcement. Similarly to cases involving corruption or money laundering.

Supply Chain 52

Supply Chain Corruption Transparency Influencing 52

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.

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How to Crack a Nut

MARCH 10, 2023

Procurement is thus seen as a mechanism of ‘regulation by contract’ whereby the public buyer can impose requirements seeking to achieve broad goals of digital regulation, such as transparency, trustworthiness, or explainability, or to operationalise more general ‘AI ethics’ frameworks.

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Procurement Public Procurement Ethics Transparency 52

Kluwer Arbitration

APRIL 1, 2024

The discussion aims to delve into the standards, practices, and dilemmas associated with maintaining integrity in the arbitration process, making it a significant highlight for professionals concerned with ethical conduct and transparency in arbitration proceedings. “The Silk Road and the BRICS Road: Where Does it Lead?

Ethics 52

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Kluwer Arbitration

FEBRUARY 24, 2024

Nevertheless, a growing number of arbitrations revolve around matters like environmental permits, green incentives, the need for a “social license,” and corruption. The availability of ISDS significantly influences investors’ decisions. At least not explicitly.

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Sustainability Corruption Balance 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

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.

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Kluwer Arbitration

JANUARY 28, 2024

As explained by the Guidelines themselves, they are “[i]ntended to guide rather than dictate” and “to accommodate case-specific circumstances and technological developments, promoting fairness, efficiency, and transparency in arbitral proceedings.” Vitaly Ivanovich Smagin , No. 22–381 (U.S.

Corruption 52

Corruption Participation Efficiency Ethics 52

Kluwer Arbitration

FEBRUARY 18, 2024

Legal and Regulatory Transparency The Model Clauses propose an Article on transparency, which requires publishing laws and regulations of general application that may affect investors. A host State’s exercise of powers of any ordinary commercial actor (e.g.,

Negotiation 52

Negotiation Supply Chain Education Transparency 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. Yet, BRAMIA is not a universal solution.

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Balance Contract Transparency 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. Yet, BRAMIA is not a universal solution.

Balance 52

Balance Contract Transparency Tender 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

OCTOBER 25, 2024

A Special Address was then delivered by Chief Justice Devendra Kumar Upadhyaya of the High Court of Bombay where he noted the growing focus on green arbitrations, increased use of technology, greater transparency, diversity, and procedural changes as part of various reforms in international arbitration.

Ethics 52

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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.

Ethics 52

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Kluwer Arbitration

APRIL 13, 2024

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).

Negotiation 52

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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 panel reached a conclusive consensus to emphasize the need for ethical, fair, and transparent deployment of AI in arbitration.

Import 40

Import Efficiency Transparency Supply Chain 40

Kluwer Arbitration

DECEMBER 10, 2023

This approach could provide a more streamlined, less costly avenue for resolving data privacy disputes, thereby enhancing transparency, accessibility, and cost-effectiveness in the realm of data privacy arbitration, and ensuring that individuals and smaller entities are not deterred from seeking justice due to prohibitive costs.

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Kluwer Arbitration

JULY 22, 2024

The majority adopted a broad interpretation: “transparency, stability and the protection of the investor’s legitimate expectations play a central role in defining the FET standard” (para. Recently in the IC Power case, decided under the Peru-Singapore FTA , the tribunal also took that position (paras.

Thresholds 52

Thresholds Influencing Corruption Transparency 52

Open Contracting Partnership

OCTOBER 30, 2023

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.

Procurement 120

Procurement E-procurement Public Procurement Corruption 120

Kluwer Arbitration

NOVEMBER 14, 2023

Denton highlighted in his opening remarks, the timing of this year’s Conference coincided with the United Nations General Assembly, an auspicious reflection of the ICC’s history as a steadfast institution providing neutral, transparent, inclusive, and accountable multilateral platforms for the past 100 years and the century to come.

Transparency 40

Transparency Import Data Efficiency 40

Kluwer Arbitration

MARCH 15, 2024

Setting the Tone – The Influence of Individual Actors in Times of Crisis To open the event, author and journalist Stephan Lamby gave a keynote dinner-lecture which peered into history to examine the important role that individual actors and circumstances play in determining the outcome of international conflicts.

Transparency 52

Transparency Influencing Contract Networking 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. Gloria Lim , CEO of SIAC, and Ms. In concluding the day-long conference, Ms. This article is submitted in a personal capacity.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Kluwer Arbitration

MARCH 25, 2024

Unless and until Mongolia embraces a stable business environment that transparently creates and predictably implements laws and regulations, investors will likely find Mongolia too risky and opt for more competitive countries. This article provides an overview of Mongolia’s international investment climate and explores recent developments.

Transparency 105

Transparency Negotiation Price Export 105

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. However, it is essential to maintain accountability and transparency, as well as careful oversight. Miriam Rose Ivan L.

Transparency 98

Transparency Quality Influencing Import 98

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. He emphasized that transparency is beneficial and can help combat fake news, thereby legitimizing the arbitration process. The first panel, moderated by Ms. Similarly, Ms.

Media 52

Media Influencing Balance Transparency 52

Kluwer Arbitration

JANUARY 7, 2025

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.

Efficiency 52

Efficiency Transparency Innovation Accountability 52

Kluwer Arbitration

DECEMBER 8, 2024

However, even though some of these cases discuss the rationale behind the notification requirement to ensure transparency and collegial decision-making, they only address the question of whether a notification and/or explanation is necessary at all.

Influencing 52

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Kluwer Arbitration

NOVEMBER 6, 2024

This transparency helps to mitigate concerns and uphold the high standards expected in international arbitration. Substantial Injustice Aiteo argued that a finding of a lack of impartiality would constitute, in itself, substantial injustice.

Finance 52

Finance Insurance Influencing Corruption 52

Kluwer Arbitration

NOVEMBER 21, 2024

The shared linguistic and legal culture within the legal community surrounding the EcuadorTLC II case influenced the selection of sources and references that might not have been as prominent in other international arbitration cases. The blogpost was written during a Research Foundation – Flanders fellowship (FWO.3E0.2022.0079.01)

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