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The Eco Oro and Red Eagle Awards: Recent Divergence on How to Interpret Fair and Equitable Treatment Clauses Linked to the Minimum Standard of Treatment

Kluwer Arbitration

In recent years, many States have signed investment treaties containing this type of clause based on the US Model BIT (2004), which itself reflects NAFTA case law following the FTC 2001 Note of Interpretation , which clarified that tribunals must apply the MST and no other standard.

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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

Relevant Background According to the award , in 2001, Colombia adopted its Mining Code (Law 685), which provides that mining rights are vested if (i) a mining title exists, (ii) an environmental license is issued, and (iii) a Mining Works Program (“PTO”) has been approved. We do not discuss the tribunal’s jurisdictional reasoning.

Balance 52
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Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

Relevant Background According to the award , in 2001, Colombia adopted its Mining Code (Law 685), which provides that mining rights are vested if (i) a mining title exists, (ii) an environmental license is issued, and (iii) a Mining Works Program (“PTO”) has been approved. We do not discuss the tribunal’s jurisdictional reasoning.

Balance 52
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A Bridge (Not) Too Far: Prohibition on Dividing up Contracts to get Under 8(a) Sole Source Dollar Limit Doesn’t Apply to Bridge Contracts

SmallGovCon

124.506 , if an 8(a) contract price would exceed a certain threshold ($7 million for manufacturing contracts, $4.5 What happens when an agency decides that instead of competing a five-year contract to 8(a) companies, it will just sole source five one-year contracts at the sole source dollar threshold to an 8(a) company? Under 13 C.F.R.

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Friday Flash 08/16/2024

The Coalition for Government Procurement

2001), which concluded that the COFC has bid protest jurisdiction over United States Postal Service procurements despite that the Postal Service being exempt from the FAR). The proposed changes to the DFARS are primarily to: Add references to the CMMC 2.0 1491(b)(1) (emphasis added). 24-160 at 9 (discussing Mach Mining, LLC v. E.E.O.C. ,

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The Faith of the Fair and Equitable Treatment Clause in Africa

Kluwer Arbitration

In July 2001, state parties to the North Atlantic Free Trade Agreement (“NAFTA”) issued a joint interpretation , limiting the FET under NAFTA to the minimum standard of treatment under customary international law. Such framing sets a higher threshold for establishing a violation of FET.

Balance 52
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GAO Bid Protests: Required Debriefings

Procurement Notes

B-286663 , 2001 CPD ¶ 35, at 3 (Jan. 31, 2001). [6] For example, FAR 16.505(b)(1)(iii)(B)( 2 ) states, regarding an order that exceeds the simplified acquisition threshold, that a Contracting Officer shall “[a]fford all contractors responding to the notice a fair opportunity to submit an offer and have that offer fairly considered.”

Bidding 40