Kluwer Arbitration

DECEMBER 22, 2023

She also highlighted the high threshold in Denmark to set aside an award based on an arbitral tribunal’s action, especially if such action is covered by the national law, institutional rules and/or procedural orders. 2016.1558/2H), which sets a high threshold for any setting aside arguments. The Supreme Court decision (U.2022.1117)

Thresholds 52

Thresholds Corruption Import Management 52

Whistleblower Network News

NOVEMBER 14, 2023

“Passing the $2 billion threshold in whistleblower awards is a major milestone for the Dodd-Frank whistleblower programs and a testament to how they have revolutionized the enforcement of white-collar crime,” said whistleblower attorney Stephen M.

Thresholds 92

Thresholds Finance Corruption Networking 92

Open Contracting Partnership

DECEMBER 8, 2023

Challenge: In 2020, public procurement in the Dominican Republic lacked public trust and credibility due to several high-level corruption scandals. Corruption in public procurement makes us poorer and takes our rights away.” So the DGCP adopted a three-pronged approach to improve things. The team continues to add new variables.

Corruption 71

Corruption Collaboration Data Public Procurement 71

Open Contracting Partnership

JULY 6, 2023

Giuseppe Busia, President of Italy’s National Anti-Corruption Authority (ANAC) highlighted digitalization as a key element to prevent corruption and improve efficiency in public procurement and provided concrete examples of how ANAC collaborates with civil society to pursue data-driven approaches to anti-corruption.

Procurement 52

Procurement Public Procurement Sustainability E-procurement 52

Kluwer Arbitration

DECEMBER 28, 2023

Explicit recognition of this lower threshold in investment arbitration may prima facie appear to have resolved the complication arising out of the interpretation of the term “manifest” in Article 57 of the ICSID Convention. This has ensured uniformity in the test for disqualification both in ICSID and non-ICSID cases (e.g.

Thresholds 95

Thresholds Influencing Corruption IT 95

Kluwer Arbitration

DECEMBER 18, 2023

In contrast, in France, the application of this principle means that State courts lack jurisdiction to decide the dispute or rule on the validity of the agreement unless it is prima facie null and void and cannot be applied – an extremely high threshold, meaning it should be self-evident that the agreement is null and void.

IT 52

IT Corruption Import Thresholds 52

Kluwer Arbitration

JULY 2, 2024

This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para.

Thresholds 52

Thresholds Price IT Corruption 52

Kluwer Arbitration

JULY 26, 2024

To rule on Forbes IP’s petition, the Court applied the China Trade test which requires the movant to pass two threshold requirements and prevail on the balancing of five discretionary factors. Mexico and New York) and because Forbes IP’s anti-suit injunction would be dispositive of the Mexico Injunction.

Insurance 52

Insurance Thresholds Media Contract 52

Select GCR

SEPTEMBER 3, 2024

For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted. A sole source purchase is justified when unique attributes or circumstances dictate that only one provider is capable of supplying the desired goods or services.

Procurement 52

Procurement Supplier Price Competitive Bidding 52

Kluwer Arbitration

MARCH 20, 2024

decisions made by referees or umpires or juries), unless there are fraud or corruption allegations, but this is a high threshold to reach. This does not cover field of play matters (i.e., A number of disputes relates to the eligibility of athletes to compete in the Olympic Games.

Corruption 52

Corruption Participation Import Thresholds 52

Kluwer Arbitration

JULY 30, 2024

Criteria for Treaty Protection Investors must ensure they meet the threshold conditions contained in the relevant treaties, including: (i) the definitions of a qualifying investor and qualifying investment; and (ii) other requirements (e.g., a negotiation period, time limitations, or excluded disputes).

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

NOVEMBER 13, 2023

Yet, within this domain, the threshold of seriousness is still largely undetermined and often rests on the opinion of the court. However, all that has ever been said is that they must be serious enough.

Finance 98

Finance Thresholds Import Corruption 98

Kluwer Arbitration

FEBRUARY 21, 2024

First, the Amicus argues that a US court must make “its own determination that an arbitration agreement exists” as a “threshold” matter of determining its jurisdiction under FSIA. The United States Argues that the District Court Must Determine that an Arbitration Agreement Exists. Amicus at 10, 16). Amicus at 9).

Thresholds 52

Thresholds IT Balance Government 52

Kluwer Arbitration

JANUARY 17, 2024

The standard of “ existence of dispute ” without any bona fide requirements appears to be a comparatively lower threshold indicating heightened deference to the jurisdiction of the arbitral tribunal when an operational debt is disputed. 18) At [18]. ↑ 17 Mobilox at [40]. ↑ 18 At [18]. ↑ 19 I bid.

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Thresholds Demand Bidding Distribution 52

Kluwer Arbitration

MAY 23, 2024

Implications for Emissions Trading Businesses The Tribunal’s application of NAFTA Article 1139(h) may affect the threshold for activities that emissions trading businesses must undertake in the host State to qualify for investment protection. For these reasons, it is important that international investment protections are certain and clear.

Participation 75

Participation Purchasing Accountability Price 75

Kluwer Arbitration

DECEMBER 10, 2023

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

Data 97

Data Balance Transparency Efficiency 97

ivalua

AUGUST 16, 2021

Regulatory requirements like Sarbanes-Oxley (SOX), Anti-Bribery and Corruption (ABAC), Office of Foreign Asset Control (OFAC), Modern Slavery. Supplier risk criteria, tolerance thresholds, and monitoring requirements. Onboarding process and information requirements. Step 4: Apply Requirements to Existing Suppliers.

Supplier 52

Supplier Management Supply Chain Risk Management 52

Kluwer Arbitration

JANUARY 2, 2024

However, there remains a lack of clarity as to the threshold of proportionality applied. 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

Management 52

Management Supply Chain Thresholds Balance 52

Kluwer Arbitration

MARCH 24, 2024

Essentially, the SCC reiterated that regional High Courts of Justice generally must not reopen the merits or substance of a dispute, and that cases that meet the public policy threshold are highly exceptional. In particular, the SCC clarified that the provision in Article 37.4

Thresholds 52

Thresholds Corruption IT 52

Kluwer Arbitration

JULY 5, 2024

Faced with the same threshold question in Brentwood , the Beijing Court directly applied the “seat standard” and decided that it had supervisory jurisdiction over the ICC award rendered in Beijing. The Beijing Court then proceeded to review the set-aside challenges brought by the claimant.

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Thresholds Import Corruption IT 52

Kluwer Arbitration

JANUARY 29, 2024

To prevent even minor transgressions from falling under the clause, a threshold-requirement of serious violations could be introduced. The legality clause serves as link between the IIA and the domestic law, making violations of the latter actionable in the arbitration.

Sustainability 52

Sustainability Impact Assessment Thresholds Contract 52

Kluwer Arbitration

MARCH 29, 2024

Article 54 was said by Spain not to come close to meeting that threshold, because it was not framed as a waiver or submission by Spain to the jurisdiction of any domestic court bar its own. 3) [2000] 1 AC 147. The resolution of this ambiguity across these two leading first-instance decisions is eagerly anticipated.

Thresholds 52

Thresholds IT Corruption Contract 52

Kluwer Arbitration

JUNE 11, 2024

This regulation grants a safe harbor for vertical agreements under certain conditions (among others, a 30% market share threshold and the absence of “hardcore” listed restrictions).

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

JANUARY 16, 2024

A high threshold is applicable to s. 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 Société Alexander Brothers Ltd, Court of Appeal of Versailles, RG No.

Corruption 52

Corruption Insurance IT Contract 52

Kluwer Arbitration

NOVEMBER 18, 2023

Managing the Costs of Experts in Arbitration The second panel first addressed the issue of whether there is a threshold of damages that warrants retaining an expert witness. The panelists were unanimous in stating that the need for an expert depends not on the monetary value, but the complexity of the case.

Management 52

Management Data Negotiation Participation 52

Kluwer Arbitration

JUNE 27, 2024

As a preliminary threshold issue, the Proposal and Declaration are based on an assumption (set out in the Explanatory Memorandum, pp 1 and 2) that neither Russia nor Belarus is a Contracting Party to the ECT ( i.e. , that both are third States within the meaning of Article 17).

Contract 52

Contract Thresholds IT Corruption 52

Kluwer Arbitration

APRIL 29, 2024

In KlimaSeniorinnen , the Court confirmed that the threshold under Article 34 ECHR for individual applicants alleging climate-related harm is “especially high.” The same could soon be said of investment tribunals.

Thresholds 52

Thresholds Balance IT Corruption 52

Kluwer Arbitration

FEBRUARY 6, 2024

Additionally, while applications relating to the propriety of proceedings at the threshold may seem to involve the court’s powers, they do not, in certain contexts, contradict a jurisdictional challenge. For example, a striking-out application, as demonstrated in Maniach Pte Ltd v. Securities and Exchange Commission.

Purchasing 59

Purchasing Thresholds Corruption IT 59

Kluwer Arbitration

DECEMBER 27, 2023

Parties should however expect that a high threshold would apply for the Court finding “ special circumstances “, as in this case, the existence of a novel point (i.e. issue estoppel based on a foreign judgment of another State) and issues relating to the ECT, a multilateral treaty, were found to be insufficient.

Thresholds 52

Thresholds Corruption IT Procurement 52

Kluwer Arbitration

JULY 12, 2024

Two recent cases on state immunity from the Swedish Supreme Court both uphold a high threshold in respect of enforcement immunity ( Sedelmayer v. New developments on state immunity may make this an attractive enforcement jurisdiction, should assets be identified there. Russia and Stati v. Republic of Kazakhstan ).

Ethics 52

Ethics Balance Import Thresholds 52

Kluwer Arbitration

MAY 22, 2024

In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations. Therefore, the tribunal concluded that Red Eagle’s claims lacked merit and upheld Colombia’s actions as consistent with its legal obligations.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

MARCH 3, 2024

As discussed below, this will be particularly relevant when considering the threshold that should be applied by the tribunal as some institutional rules adopt a different test (although as discussed further below some institutions may adapt their rules to reflect the proposed amendment).

Efficiency 52

Efficiency Thresholds IT Finance 52

Kluwer Arbitration

OCTOBER 25, 2023

Balfaqeeh then presented an in-depth analysis of the threshold for interim reliefs, particularly under the UAE Arbitration Law. Another key point made by Farah was the possibility of the arbitral tribunal making interim reliefs contingent upon the provision of adequate security by the requesting party.

Collaboration 52

Collaboration Import Efficiency Thresholds 52

Kluwer Arbitration

MAY 24, 2024

In his opinion, although the threshold for a breach of the MST is stringent, it includes an obligation to the State not to frustrate the investors’ legitimate expectations. Therefore, the tribunal concluded that Red Eagle’s claims lacked merit and upheld Colombia’s actions as consistent with its legal obligations.

Balance 52

Balance Impact Assessment Participation IT 52

Kluwer Arbitration

DECEMBER 2, 2023

For example, establishing the threshold for prejudice, setting standards for the recusal of arbitrators, outlining mandatory disclosure requirements, and building a body of precedent will be crucial to providing a comprehensive framework for the qualification of an arbitrator.

Ethics 52

Ethics Innovation Efficiency Thresholds 52

Kluwer Arbitration

FEBRUARY 5, 2024

Key Principles of Arbitration Identified By the Seven-Judge Bench In deciding whether unstamped agreements are unenforceable, the Judgment considered the remit of courts at the threshold stage.

Import 52

Import Balance Contract Insurance 52

How to Crack a Nut

MARCH 28, 2023

The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. It also relates to above and below threshold data, as only above threshold data is subjected to mandatory eForms compliance.

Procurement 52

Procurement Public Procurement Buyers Thresholds 52