Kluwer Arbitration

OCTOBER 26, 2023

b) proposes raising the monetary threshold for Expedited Procedure from SGD 6,000,000 to SGD 10,000,000, positioning SIAC as the institution with the most substantial threshold amount in place for Expedited Procedure. In 2022 alone, SIAC received 87 requests for Expedited Procedure, of which 48 were accepted. Draft Rule 14.1(b)

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Efficiency Thresholds Consulting Management 59

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.

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Thresholds Finance Corruption Networking 101

Kluwer Arbitration

JANUARY 23, 2024

The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 million – a response to the growing criticism directed at DIAC’s significantly lower threshold of around USD 270,000. million in value.

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Thresholds Quality Efficiency Influencing 52

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)

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Thresholds Corruption Import Management 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.

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Procurement Public Procurement Buyers Thresholds 52

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.

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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.

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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.

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IT Corruption Import Thresholds 52

Kluwer Arbitration

NOVEMBER 16, 2024

This finding reflects the exceptional nature of a grant of security for costs and the high threshold applied by tribunals. The report observes that only two of the 23 applications for security for costs yielded success.

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Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

SEPTEMBER 19, 2024

In the other arbitration, Aynès’ law firm had raised serious corruption allegations against high-level Iranian officials and was collaborating with Crescent’s lead counsel. Also, Mr. Aynès had himself worked alongside Crescent’s lead counsel in the past.

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Corruption Thresholds Sustainability IT 52

Kluwer Arbitration

SEPTEMBER 16, 2024

However, considering the greater risk, efforts, time, and expenses involved in non-recognition of an award as opposed to the removal of an arbitrator during the arbitration proceedings, courts across the world have applied a higher threshold of bias to prevent the enforcement of an award than the standards set for ordinary judicial review.

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Thresholds IT Corruption Sustainability 52

Kluwer Arbitration

MARCH 2, 2024

There is a very high threshold for a Section 68 challenge. P&ID’s Chief Executive Officer, Mr Quinn, had conducted himself dishonestly in giving evidence at the Court of which parts were knowingly false, namely that P&ID had procured the contract with Nigeria through corrupt payments to a Nigerian official.

Corruption 52

Corruption Ethics Transparency Import 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

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

Inter-American Development Bank

OCTOBER 31, 2024

In instances of active waste, such suboptimal decisions are motivated by personal gain, as exemplified by corruption. This continuous data flow strengthens public trust by minimizing corruption risks and reaffirming a commitment to transparency. Waste broadly refers to suboptimal decision-making in the allocation of public resources.

Public Procurement 52

Public Procurement Procurement Strategic Planning Balance 52

Kluwer Arbitration

OCTOBER 1, 2024

Furthermore, in most cases, the only material requirement for obtaining a declaration under section 1032(2) ZPO is the existence of a valid arbitration agreement, a threshold arguably less onerous than the considerations regarding the suitability of the forum that may inform the issuance of anti-suit injunctions.

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Utilities Thresholds Integration Integrity 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

Kluwer Arbitration

OCTOBER 16, 2024

Parties should consider their ethical obligations but should not make submissions simply because they meet the minimum threshold of being ethical. Parties should not lose sight of this essential function. Advocates should ask whether their submission is compelling and forms part of an overall strategy that is sound.

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Ethics Thresholds Corruption Consulting 52

Kluwer Arbitration

NOVEMBER 11, 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 Conclusions The rulings of the BVG hardly come as a surprise.

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Thresholds IT Corruption Accountability 52

Kluwer Arbitration

OCTOBER 6, 2024

Previous tribunals required an emergency exceeding a certain threshold (see the cases arising out of the Argentine financial crisis), a (para-)military objective of a measure ( CC/Devas v India ), or demanded a threat of national dimension (see Michael Lee-Chin v Dominican Republic ) for a security exception to apply.

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Thresholds IT Utilities Corruption 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

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).

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Thresholds IT Balance Government 52

Kluwer Arbitration

FEBRUARY 12, 2024

The recent decisions reinforce the principle that challenging arbitration agreements is an uphill battle with a high threshold, requiring solid and irrefutable evidence. Therefore, navigating an arbitration challenge in the UAE requires a well-prepared and substantiated case, ensuring the threshold for court intervention is truly met.

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Distribution Thresholds Contract Negotiation 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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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.

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Supplier Management Supply Chain Risk Management 52

Kluwer Arbitration

JUNE 20, 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

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Evaluation Thresholds Accountability Ethics 52

Kluwer Arbitration

FEBRUARY 28, 2024

The threshold to challenge an interim award on the basis of its finality is lower in comparison to establishing whether such an interim award is binding or not. However, the step taken in Pakistan to enforce interim awards based on their binding nature is pragmatic, and also supported by the Convention.

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Import Thresholds Contract Corruption 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.

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Participation Purchasing Accountability Price 75

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).

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Influencing Thresholds Accountability Negotiation 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

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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

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Thresholds 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.

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Sustainability Impact Assessment Thresholds Contract 52

Curbing Corruption in Government Contracting

JANUARY 21, 2020

For example, when we take a whole year of contracts after a transparency reform taking place in May, our estimation may be biased if a procurement regulatory reform happened 5 months later, such as a new reporting threshold introduced. However, the average number of received bids increases by 0.5 bids without direct contracts considered.

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Bidder Transparency Contract Public Procurement 40

Kluwer Arbitration

NOVEMBER 20, 2024

Hioureas further highlighted the approach adopted by a minority of ICSID tribunals to lower the threshold of exercising jurisdiction over SOEs by “implicit” designation, posing a dilemma for States given its incompatibility with the plain text of the ICSID convention and principles of State consent.

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Contract Import Participation Management 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

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.

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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).

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Distribution Price Negotiation Manufacturing 59