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The 3 revolutions of public procurement in Africa

Open Contracting Partnership

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.

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Risk of anti-competitive collusion after excessive level of transparency in public procurement debriefing?

European Law: Public Procurement

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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A missed opportunity to provide meaningful clarification on state aid analysis of procurement compliance and some problematic ‘obiter dicta’ (C-28/23)

How to Crack a Nut

First, in addressing some aspects of the definition of public works contracts that keep coming up in litigation in relation to relatively complex real estate transactions. Third, in addressing some limits on the ‘strategic’ use of remedies by contracting authorities that have breached procurement law.

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What Limits Does German Law Impose on Externally Determined Arbitration Agreements in Sports and Commercial Arbitration?

Kluwer Arbitration

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.).

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KluwerArbitration ITA Arbitration Report, Volume No. XXI, Issue No. 9 (October 2022)

Kluwer Arbitration

Dong, JunHe LLP, ITA Reporter for China In this case the petitioner seeks to set aside an CIEATC arbitral award before the Beijing Court, arguing that the arbitration agreement in a sales contract is not binding because the respondent did not sign the sales contract. 21-cv-2004(APM)No. SRT Capital SPC LLC v. Von Pezold, et al.

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Remedies When The Government Ceases Paying a Contractor, Grantee, or Cooperatee

Procurement Notes

Jay Blindauer Whether a procurement, grant, or cooperative agreement, [1] if the at-issue arrangement qualifies as a contract, the Government cannot simply cease performing contract payments. For a grant or cooperative agreement that is not a contract, the Government has more flexibility to halt payments. 107-117, Div.

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An In-Depth Examination of Inflation Relief for a Government Contractor

Procurement Notes

Jay Blindauer A contractor takes on a Government contract to make money, and inflation is getting in the way. With inflation eroding value for this long, a Government contractor may need to obtain contract relief. Obviously, contract type matters. Fixed-price contracts are the most vulnerable.