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Updating the UNCITRAL Model Procurement Law for “Green Procurement”

Public Procurement Intl

Article 8, for example, warns the procuring agency, “when first soliciting the participation of. contractors in the procurement proceedings, shall declare whether the participation of suppliers or contractors in the procurement proceedings is limited,” and any “such declaration may not later be altered.”

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I Know the Witnesses and I Will Believe Them; There is No Need for Cross-Examination: A Rare Example of Arbitrator Bias Before English Courts

Kluwer Arbitration

In this context it is important to recall that bias is not used in a pejorative sense, rather it means the absence of demonstrated independence and impartiality ( Yiacoub v The Queen [2014] UKPC 22 ). Trade expertise is to assist in understanding technical evidence, not to provide evidence for a party who has chosen not to participate.

Insurance 104
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Public procurement (entry for an Encyclopaedia)

How to Crack a Nut

Procurement thus heavily influences the interaction between the State’s contractual agents and citizens, and becomes a tool for the regulation of public service delivery. This relates to discussions in other areas and to the broader expectation that procurement can be a trend setter and influence industry practice and standards.

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Mongolia: Investment Related Developments in the Mining Sector

Kluwer Arbitration

These reforms centered on state involvement and equity participation in strategic mineral deposits, and increased national benefits from its rich mineral resources. Mongolia’s past legal reforms in the mining sector were primarily driven by resource nationalism and political populism.

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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

This part of the dispute concerned the definition of ‘public works contracts’ under Directive 2014/24/EU (issue 1). Framing: Directive 2004/18/EC, Directive 2014/24/EU, or it does not matter? This relates to the ‘strategic’ use of procurement remedies by contracting authorities that have breached procurement law (issue 3).

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Atlanta International Arbitration Society’s (AtlAS) 12th Annual Conference

Kluwer Arbitration

The panel also discussed recent developments in international arbitration ethics, including the UNCITRAL/ICSID Code of Conduct and the International Bar Association’s Taskforce to revise the IBA Guidelines on Conflicts of Interest for the first time since 2014. The panel discussed the ethics of expert preparation across legal cultures.

Ethics 52
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Johannesburg Arbitration Week: South Africa: Destination of Choice for International Arbitration in Southern Africa

Kluwer Arbitration

South African legal jurisprudence has come to enjoy significant influence in an increasingly globalised world where political, economic, social, and legal activities transcend territorial borders. Before the IAA’s promulgation, South African courts had already begun to show their support for international commercial arbitration.

Import 52