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The Court considered that “the suggestion that it was unnecessary to call any expert witnesses was plainly not an expression of a balanced and impartial view, or merely a concern about the hearing over-running, or an attempt by the arbitrator to impose an orderly and economical procedure on the parties.”
As discussed below a recurring theme was the need to find a balance between having model clauses that were, on the one hand, innovative and likely to lead to faster and more efficient resolution of disputes in practice, while, on the other hand, containing sufficient quality and due process safeguards.
Balancing Cost and Performance: Noell Rebelez, Cloud Services Program Manager at the Department of Labor, highlights the importance of cost analysis – especially around GPU expenses – to ensure cloud investments align with your agencys mission.
During his time with the International Trade Administration as Deputy Assistant Secretary, he also learned how to balance priorities and execute complex tasks with multiple stakeholders inside the Federal Government. It is only then you can focus on – Doing the right thing, the right way, getting them done well and getting the benefits.
COFC went through the factors that merit an injunction—(1) likelihood of success on the merits; (2) irreparable harm absent immediate relief; (3) the balance of interests weighing in favor of relief; and (4) that the injunction serves the public interest—and determined that all the requirements for a preliminary injunction were met.
He was the last live afternoon host on Federal News Radio, hosting “In Depth with Francis Rose” from 2008 to 2015 after joining the station in 2006. His guest list on radio, TV, event stages, and podcast platforms has included virtually every important name in the federal government.
To unleash the potential that these arrangements have for enhanced efficiency and effectiveness in public procurement, more balanced regulation is needed, and more work is needed on regulatory, policy as well as implementation matters. However, in other respects, the regulation could be too rigid.
Given the importance of this novel dimension, this article discusses the objectives of the ART, its merits, potential challenges, and its impact on arbitration. It restricts reviews solely to the specific criteria detailed in Section 55, which aligns with Article 34(2) of the 2006 UNCITRAL Model Law and Article V of the New York Convention.
The tribunal’s determination, grounded in the principle of dominant and effective nationality, underscores the importance of considering a variety of factors to ascertain the nationality of a claimant and their eligibility for protection under a specific treaty. ” (see Lepoutre/Riva (1998): Nacionalidad y Apatridia, Rol del ACNUR.
Indeed, corruption-related allegations play an important role in resolving the parties’ dispute. ARB/03/26, Award of 2 August 2006) cases. Here, the Tribunal adopted a balanced standard as developed in Sanum v. However, investment arbitration is rapidly evolving to counteract this phenomenon. Bulgaria (ICSID Case No.
The challenges that civilian agencies must overcome are different than those facing the Department of Defense, for instance, while the components of the Department of Homeland Security often must balance their security requirements against their law enforcement or emergency services missions.
No Complete Contract Exculpation Overall, it is important to remember that, generally, the Government cannot completely absolve itself of a contract. [54] Here, the important point is that, depending on the circumstances, an APA suit may provide a potential path to redress Agency non-payment where other paths are blocked. 48] Brian A.
This is an area where government agencies can begin to explore the impact that AI and other tools can have in driving improved customer and employee experiences while thoughtfully balancing human interaction, automation, and risk management. Barbara joined VA in 2006 as a Staff Attorney at the Board of Veterans’ Appeals (Board).
The challenges that civilian agencies must overcome are different than those facing the Department of Defense, for instance, while the components of the Department of Homeland Security often must balance their security requirements against their law enforcement or emergency services missions. A graduate of the U.S.
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. 86] Perhaps most important, “[t]he authority conferred by Pub. Tenaglia wrote the following. or [ ] continued operation.
First , PPI “does not include imports, because imports are by definition not produced by domestic firms.” [10] 10] In contrast, CPI covers the prices consumers pay, irrespective of whether a good or service is imported or domestically produced. 105] Fourth , and this may be most important. Austria (24.2% in 2020)). [77]
While the Bill addresses important aspects, including the formal recognition of emergency arbitration and a clarification of the longstanding ambiguity around the “venue” of an arbitration, it is conspicuously silent on the issue of the power of the Indian courts to modify arbitral awards when they rule on challenges to them.
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