Kluwer Arbitration

APRIL 13, 2024

Sobota affirmed that a big concern about the use of AI is precisely “the black box effect”, i.e., the lack of transparency on the sources and operations of generative AI. Clients see value in AI replacing routine tasks but are skeptical of using it in high-level work, such as in M&A negotiations.

Negotiation 52

Negotiation Efficiency Quality Balance 52

Tracker Intelligence

DECEMBER 30, 2024

Transparent criteria for evaluating social value proposals allow for fair competition among suppliers while keeping them liable for their commitments. Ethical labour standards are non-negotiable, ensuring workers’ rights and well-being are protected throughout the supply chain.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

Kluwer Arbitration

FEBRUARY 22, 2024

When dealing with the latter, questions of transparency and the extent to which the arbitration will be private come into play. Despite this, dealing with well-established industry giants sometimes leaves no room to shift risks in negotiations. Rodrigo added that the enforceability of these clauses is yet to be tested.

Negotiation 52

Negotiation Public Private Partnership Insurance Procurement Team 52

Kluwer Arbitration

MAY 5, 2024

In this regard, states and stakeholders would have to work on finding a more balanced approach which takes into account public participation, transparency and steps to make it more legitimate in the eyes of public. Rowley, KC observed that treaties have to be negotiated like contracts. Where do We Stand?

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

JANUARY 13, 2024

In his words, the two necessary elements for a mediation to be potentially successful were: (i) a clearly authorized government official who has the capacity to conduct the negotiations, and (ii) the State’s will to reach an agreement. However, governments officials usually lack the authority and interest to mediate. We ought to wait and see.

Balance 52

Balance Transparency Negotiation Capacity 52

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. Although the UN Report acknowledges this ongoing effort, it falls short in explaining why the changes being negotiated by states are deemed insufficient.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

DECEMBER 31, 2023

With more than 30 provisions improved in the 2024 Rules, which constitute the 10th edition of CIETAC’s arbitration rules, CIETAC is striving to provide parties and arbitral tribunals with more flexibility, efficiency, and transparency throughout arbitration proceedings. Another novel addition to the 2024 Rules is Article 12.2,

Efficiency 52

Efficiency Consulting Contract Negotiation 52

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

DECEMBER 4, 2023

Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. Transparency is the general rule in all arbitrations with state parties. Contrastingly, BRAMIA allows some state and social control over dispute proceedings.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. Transparency is the general rule in all arbitrations with state parties. Contrastingly, BRAMIA allows some state and social control over dispute proceedings.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

SEPTEMBER 14, 2024

However, such developments do open up the possibility of Australia advancing an “investment court” alternative to ISDS when reviewing older IIAs and negotiating new ones. This is important indeed, but enhanced transparency risks aggravating issues, especially when complex. However, its tribunal membership only overlaps partially.

Transparency 52

Transparency Integrity Integration Government 52

Kluwer Arbitration

FEBRUARY 18, 2024

In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”).

Negotiation 52

Negotiation Supply Chain Transparency Education 52

Kluwer Arbitration

APRIL 9, 2024

Therefore it must use that power in accordance with substantive criteria which are transparent, clear, and precise, and published in readily accessible form (para. In negotiating with the Commission the ISU should be anxious only to satisfy the former, not the latter. This is unmistakably seen in para.

IT 59

IT Management Participation Negotiation 59

Kluwer Arbitration

FEBRUARY 10, 2024

In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force. After years of negotiations, the Assembly of Heads of State and Government of the African Union subsequently adopted the Protocol on Investment (“Protocol”) to the AfCFTA Agreement in February 2023.

Balance 52

Balance Negotiation Thresholds Ethics 52

Whistleblower Network News

DECEMBER 6, 2023

In the leadup to the 10th Conference of States Parties ( CoSP 10 ) to the UN Convention Against Corruption (UNCAC), members of Civil Society are encouraging UNCAC to pass a dedicated whistleblower resolution. With informal negotiations in Vienna underway, one resolution on whistleblower protection has been introduced by Serbia and Palestine.

Corruption 125

Corruption Negotiation Accountability Transparency 125

Kluwer Arbitration

FEBRUARY 14, 2024

The European Commission released a “non-paper” with model clauses for negotiation or re-negotiation of IIAs between Member States and third countries. Second, the issue of amicus submissions in the context of alleged corruption assumed particular significance in 2023, especially compared with prior years.

Corruption 52

Corruption Participation Negotiation Sustainability 52

Kluwer Arbitration

DECEMBER 16, 2023

Standardization of case law : CCEE recognizes the importance of maintaining a database of the arbitral decisions to promote transparency concerning the application of regulatory rules. In short time, the AI was corrupted by the users and started sending out violent messages.

Insurance 40

Insurance Demand Corruption Supply Chain 40

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

NOVEMBER 4, 2023

Ongcangco stressed that ADR clauses in borderless contracts should be non-negotiable, as availing of traditional dispute resolutions is impossible. Serzo agreed that for disputes involving cross-border parties, arbitration is preferred, given its flexibility. In concluding the day-long conference, Ms.

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

NOVEMBER 15, 2024

Finally, Thierry Tomasi shared his experience with investment funds in France, noting how cultural differences can shape disputes, particularly around contract negotiation and document production. He also expressed curiosity about the effectiveness of the “ carta arbitral ” in facilitating communication between arbitral tribunals and courts.

Negotiation 52

Negotiation Efficiency Import Integrity 52

Kluwer Arbitration

DECEMBER 2, 2024

Such a requirement may deter foreign parties from choosing to arbitrate in China, complicate negotiations for Chinese enterprises, and drive foreign-related cases to other jurisdictions.

Transparency 52

Transparency Negotiation IT Corruption 52

Kluwer Arbitration

JANUARY 20, 2025

the first KAB post on ISDS reform in the year, explored the feasibility of negotiating a multilateral investment treaty in todays global landscape, exploring both the opportunities and challenges involved. Multilateral Instrument on ISDS Reform 2024 also marked the drafting of a multilateral instrument on ISDS reform. 9/WG.III/WP.246),

Balance 52

Balance Finance Capacity Budget 52

Kluwer Arbitration

NOVEMBER 4, 2024

Mr Kim noted that given the considerable imbalance of bargaining power between the employer and the contractor, it is often very difficult for the contractor to negotiate for a fairer concurrency clause. He concluded by urging FIDIC to provide clearer and fairer guidelines on the issue of concurrent delay.

Engineering 52

Engineering Public Private Partnership Consulting Contract 52

Kluwer Arbitration

MARCH 19, 2025

Procedurally, the clause was embedded in fine print and drafted in a way that disadvantaged the consumer, making it difficult to understand or negotiate. In contrast, California courts have taken a more consumer-friendly approach, prioritizing fairness and transparency in arbitration agreements. Concepcion 563 U.S.

Networking 52

Networking Contract Transparency Influencing 52