Open Contracting Partnership
NOVEMBER 7, 2023
Early reformers in this first revolution were Ethiopia (2005), Ghana (2005), Kenya (2007), Tanzania (2004), Uganda (2003), and Zambia (2006). The legal framework as well as the creation of procurement oversight agencies led to more accountability, with a clear set of rules as well as checks and balances.
European Law: Public Procurement
OCTOBER 8, 2012
However, a ‘twin’ provision can be found in Article 41 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p.
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Kluwer Arbitration
MAY 12, 2024
Decision of the Court According to the Pechstein Decision, the constitutional limits of externally determined arbitration agreements are governed by the right to a fair trial balanced against the freedom of contract and the protection of private autonomy (para. Instead, a balancing of interests is required (para. 40 et seq.).
Kluwer Arbitration
AUGUST 25, 2024
In other words, although a balancing test is applied to determine the question, the starting position weighs towards publication. The party objecting to publication does not have to prove detriment beyond “ the undermining of its expectation that the subject matter would be confidential ” (paragraph 15).
How to Crack a Nut
OCTOBER 22, 2024
Framing: Directive 2004/18/EC, Directive 2014/24/EU, or it does not matter? One preliminary issue worth highlighting is that the timeline of the case created the issue whether the 2004 or the 2014 procurement Directive applied. In this post, I will focus on issues 1 and 2.
Kluwer Arbitration
NOVEMBER 10, 2023
Supreme Court of Justice of Portugal, 991/20.5YRLSB.S1, 22 June 2023 José Miguel Júdice, Independent Arbitrator, ITA Reporter for Portugal This decision serves as another example from the Portuguese Supreme Court of Justice, emphasizing the court’s balanced yet pro-arbitration stance in recognizing foreign arbitral awards.
Procurement Notes
FEBRUARY 10, 2025
The sovereign acts doctrine attempts to balance[ ] the Governments need for freedom to legislate with its obligation to honor its contracts by asking whether the sovereign act is properly attributable to the Government as contractor. [62] Generally speaking, the Government seeking to balance the budget is laudable. 2d 151, 164 (D.
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