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.

Public Procurement 69

Public Procurement Procurement E-procurement Transparency 69

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.).

Balance 52

Balance Quantity Corruption IT 52

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.

Procurement 52

Procurement Contract Finance Purchasing 52

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).

Transparency 59

Transparency Purchasing Balance Corruption 59

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.

Collusion 40

Collusion Public Procurement Transparency Tender 40

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.

Contract 52

Contract Balance Media Electronics 52

Procurement Notes

OCTOBER 10, 2022

For contracts being developed or negotiated during this period of unusually high inflation, an EPA clause may be an appropriate tool to equitably balance the risk of inflation between the Government and contractor. 14, 2004) (“Performance of a pre-existing duty is not sufficient consideration for a supplemental agreement.”). [56]

Government 40

Government Government Price Contract 40