2012, Balance and Transparency - Public Procurement Central

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

European Law: Public Procurement

OCTOBER 8, 2012

In its Judgment of 4 October 2012 in case C‑629/11 P Evropaïki Dynamiki v Commission (ESP-ISEP) , the Court of Justice has issued another interesting decision on what should be considered sufficient debriefing of disappointed bidders in public procurement procedures. 1) (‘the Financial Regulation’).

Collusion

Collusion Public Procurement Transparency Tender

The Contents of Journal of International Arbitration, Volume 41, Issue 4 (August 2024)

Kluwer Arbitration

AUGUST 15, 2024

The Trivis method counters inefficiency by enhancing clarity and transparency through visual aids, fostering the cooperation and confidence in arbitration that is crucial for improving efficiency in international dispute resolution. First, I propose a multi-step model that allows us to analyse a specific case.

Efficiency

Efficiency Balance Corruption Transparency

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

MAY 22, 2024

Between 2010 and 2012, Red Eagle acquired the 11 mining titles, which were assigned and registered according to Colombian law. The tribunal stated Colombia acted transparently, publicizing the páramo delimitation, to the point that Red Eagle itself took the chance to participate in such delimitation.

Balance

Balance Participation Impact Assessment Thresholds

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Kluwer Arbitration

MAY 24, 2024

Between 2010 and 2012, Red Eagle acquired the 11 mining titles, which were assigned and registered according to Colombian law. The tribunal stated Colombia acted transparently, publicizing the páramo delimitation, to the point that Red Eagle itself took the chance to participate in such delimitation.

Balance

Balance Participation Impact Assessment IT

Can artificial intelligence bring corruption in public procurement to an end?

University of Bristol

NOVEMBER 15, 2021

It should then not be surprising that the possibility that artificial intelligence (AI) could ‘change the rules of the game’ (eg Santiso, 2019 ) and bring procurement corruption to an end is receiving significant attention.

Corruption

Corruption Public Procurement Procurement Data

The Faith of the Fair and Equitable Treatment Clause in Africa

Kluwer Arbitration

FEBRUARY 10, 2024

In the 2012 SADC Model BIT , the Drafting Committee of SADC advised its member states to replace the FET standard in their BITs with the fair administrative treatment adopted by South Africa. See e.g., PSEG v Turkey , ICSID Case No. ARB/02/5, Award , ¶ 240; Infinito Gold Ltd.

Balance

Balance Negotiation Thresholds Ethics

The Procurement Act 2023’s Kaleidoscopic View of the Public Interest

University of Bristol

OCTOBER 21, 2024

One could be forgiven for simplifying the goal of procurement to ensuring that public money is well spent , which could be further elaborated (following Schooner 2002 ) to encompass promoting integrity and value for money in the award of public contracts, and acting transparently to facilitate accountability. At first look, s.12(1)

Procurement

Procurement Public Procurement Public Goods Accountability

Interviews with our Editors: In Conversation with The Hon. Wayne Martin AC KC

Kluwer Arbitration

OCTOBER 9, 2023

Having been recognised for his service to the judiciary and within the law generally, Mr Martin was appointed a Companion in the General Division of the Order of Australia in 2012. Do you think the balance is right in Australia? Mr Martin, it is an honour to have you with us on the Kluwer Arbitration Blog!

Efficiency

Efficiency Balance Management Integration

From the Editors of Kluwer Arbitration Blog: 2023

Kluwer Arbitration

DECEMBER 24, 2023

I joined the Kluwer Arbitration Blog in May 2012, at that time with Prof. Brower II’s Investment Treaties in Times of Crisis: Balancing National Interests and the Rule of Law , Loukas Mistelis’ Is Arbitration Changing? Roger Alford as Managing Editor, and with Annalise Nelson, now an attorney at the U.S.

Quality

Quality Management Collaboration Balance

Duty to give reasons under EU procurement law and EU trademark law: is there a contradiction?

European Law: Public Procurement

OCTOBER 17, 2012

1) sets an obligation on the administration to justify its decisions and that this motivation is not only in general, the expression of the transparency of administrative action, but it must also allow the individual to decide, with full knowledge of the facts, if it is useful for her to apply to a court.

Procurement

Procurement Public Procurement Bidder Tender

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

Procurement Notes

OCTOBER 10, 2022

According to Deltek’s 2022 Government Contracting Industry Study , in 2021, “[m]edian profit margin was higher (15%) compared with what has been observed since 2012 (6-10%).” [10] Now, compare the foregoing to contractor profits. Like the FAR EPA clauses, the DFARS EPA clauses are intended for fixed-price contracts. [32] Wiltel, Inc.,

Government

Government Government Price Contract

New Arbitration Rules of the Qatar International Center for Conciliation and Arbitration: A Step Forward in Dispute Resolution

Kluwer Arbitration

JANUARY 22, 2025

These revised rules are aligned with global best practices and aim to enhance the efficiency, transparency, and flexibility of the arbitration process, solidifying QICCA’s position as a leading international arbitration institution within the MENA region. Article 12.3

Efficiency

Efficiency Transparency Electronics Accountability

Green Imagery-Is it Worth the Risk?

The Softly Spark

NOVEMBER 15, 2024

FTC Shows How NOT to Use Green Imagery The FTC’s Green Guides, first introduced in 1992 and last updated in 2012, are currently under revision to tackle the growing issue of greenwashing. “A marketer’s advertisement features a picture of a laser printer in a bird’s nest balancing on a tree branch, surrounded by a dense forest.

IT

IT Sustainability Ethics Balance

Public Procurement Central

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

The Contents of Journal of International Arbitration, Volume 41, Issue 4 (August 2024)

Trending Sources

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Red Eagle v. Colombia: Colombia’s Decisions to Protect Páramos Do Not Constitute a Violation of the Minimum Standard of Treatment vis-à-vis an Investor with No Vested Right

Can artificial intelligence bring corruption in public procurement to an end?

The Faith of the Fair and Equitable Treatment Clause in Africa

The Procurement Act 2023’s Kaleidoscopic View of the Public Interest

Interviews with our Editors: In Conversation with The Hon. Wayne Martin AC KC

From the Editors of Kluwer Arbitration Blog: 2023

Duty to give reasons under EU procurement law and EU trademark law: is there a contradiction?

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

New Arbitration Rules of the Qatar International Center for Conciliation and Arbitration: A Step Forward in Dispute Resolution

Green Imagery-Is it Worth the Risk?

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