Remove 2016 Remove Corruption Remove Procurement Contracts
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For Galakis the Bell Tolls: Is the SMAC v Ryanair Decision the End of Arbitration for Public Entities in France?

Kluwer Arbitration

This decision can be seen as an application of its approach in Fosmax ( CE, 9 November 2016, No. for public entities to arbitrate disputes relating to the financial performance of public works and supply contracts ( Article L. 1900269 ) and by the Administrative Court of Appeal of Bordeaux ( CAA Bordeaux, 30 March 2022, No.

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KluwerArbitration ITA Arbitration Report, Volume No. XXII, Issue No. 3 (March 2023)

Kluwer Arbitration

In both arbitrations, Lima responded by arguing among other things that the Concession Contract and its modifications were void due to corruption. Finally, the Court rejected Lima’s argument that both awards violated the United States’ public policy regarding enforcing or procuring contracts through corruption.

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2024 Year in Review: Arbitration in India – Reset or Rewind?

Kluwer Arbitration

First, the Guidelines note that arbitration should not be automatically included in procurement contracts, particularly large contracts. It is therefore not surprising that the Model BIT 2016 did not find many takers. Interestingly, the India – UAE BIT 2024 departs from the Model BIT 2016 in a few key ways.

Balance 52
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2024 in Review: India

Kluwer Arbitration

First, the Guidelines note that arbitration should not be automatically included in procurement contracts, particularly large contracts. It is therefore not surprising that the Model BIT 2016 did not find many takers. Interestingly, the India – UAE BIT 2024 departs from the Model BIT 2016 in a few key ways.

Balance 52