European Law: Public Procurement

OCTOBER 17, 2012

It is noteworthy in this regard that the right to good administration under Article 41 of the Charter of Fundamental Rights of the European Union (OJ 2007 C 303, p. Moreover, she could not sue without knowing what those reasons are. 46 The statement of reasons in the contested decision is thus sufficient in law. (GC

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European Law: Public Procurement

OCTOBER 8, 2012

Therefore, in the exercise of such discretionality and as a mandate of the principle of competition, contracting authorities are bound to restrict the disclosure of information given to tenderers to prevent instances of subsequent unfair competition or collusion—and, in order to do that properly, must identify and properly justify the negative effects (..)

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How to Crack a Nut

OCTOBER 22, 2024

It is worth recalling that Auroux (C-220/05, EU:C:2007:31 ) concerned a case involving the signing of an agreement between a municipality and a special purpose vehicle with separate balance sheet to run a re-generation programme. That re-generation programme expected to make profits from the sale of real estate to third parties.

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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. Tenaglia wrote the following. 95] The clause fixes each adjustment to the PPI. [96]

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Kluwer Arbitration

MARCH 2, 2025

29 June 2007, No. This example illustrates that there is room for more flexibility, while creating a more balanced bargain between the parties. Despite the setting-aside of the award by the New York courts ( FINRA Case n10-03615 ), the Paris Court of Appeal applied the delocalised approach endorsed in the Putrabali case ( 1 st Civ.,

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Kluwer Arbitration

FEBRUARY 18, 2025

This post first examines the gender balance and emerging arbitration hubs in Africa (Section 1). This move followed the government’s cancellation of the original contract in favour of a Chinese consortium in 2007. Sunrise Power, seeking damages of USD 2.3 billion, claimed the government breached its 2003 agreement.

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Kluwer Arbitration

DECEMBER 23, 2024

Most crucially, the SC will have to decide whether and how the power to do complete justice under Article 142 should be balanced with the restrictive construct of Section 34. In the past, the SC, recognising its jurisdictional excesses, has often cautioned against the overuse of Article 142. In AR Antulay v. In AR Antulay v.

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The Coalition for Government Procurement

DECEMBER 19, 2024

Her commitment to balanced and thoughtful acquisition policy has set a standard for integrity and innovation in Federal procurement, and her transparent approach has fostered trust and collaboration among industry partners and stakeholders. Fields career is a testament to dedication, professionalism, and excellence in public service.

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