Kluwer Arbitration
DECEMBER 28, 2023
He identically argued as a counsel for the same claimant in SGS v Pakistan ( SGS I ) (2003) and SGS v Philippines ( SGS II ) (2004) that the effect of umbrella clause was to convert a contractual claim into a treaty claim. One such example may be cited with reference to Emmanuel Gaillard. This argument was rejected in both cases.
Kluwer Arbitration
SEPTEMBER 16, 2024
However, the Bombay High Court rejected the challenge on the grounds that the circumstances of bias alleged by Avitel did not pass the reasonable third person test, contemplated under General Standard 2(b) of the IBA Guidelines on Conflict of Interest in International Arbitration, 2004 (“ IBA Guidelines 2004 ”).
Import and Trade Remedies
FEBRUARY 6, 2024
114-125 ) to increase the de minimis threshold for imports into the United States from $200 to $800, far exceeding similar thresholds in other countries globally. 2004 and H.R. It would maintain the $800 cap but apply lower thresholds with countries on the basis of reciprocity. De Minimis Reciprocity Act of 2023 ( S.
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 Notes
OCTOBER 10, 2022
18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] GAO’s competitive prejudice threshold should be similar.
Procurement Notes
MARCH 5, 2024
To be at the 100-employee threshold, the employer must be a “business enterprise that employs— (i) 100 or more employees, excluding part-time employees; or (ii) 100 or more employees, including part-time employees, who in the aggregate work at least 4,000 hours per week, exclusive of hours of overtime.” [57] AT&T Tech.,
Kluwer Arbitration
JULY 22, 2024
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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