Kluwer Arbitration

NOVEMBER 3, 2023

In January 2017, the sole arbitrator granted SANESSOL’s requests (“Award”). 2 in March 2017 (“Ordinance”) (i) prohibiting any tariff revisions; as well as (ii) expressly mentioning that the ARSAE (ii.a) Pursuant to Municipal Decree No. Former STJ Justice Prof. Despite the Award, the ARSAE published Ordinance No.

Participation 52

Participation Evaluation Bidding Public Bidding 52

FedInsider

MAY 10, 2024

His leadership experience includes building and managing globally dispersed organizations, delivering transformational change, and conducting complicated negotiations. Tony is a Certified Information Systems Security Professional (CISSP), Certified Information Systems Auditor (CISA). Close Principal, U.S.

Leadership 75

Leadership Consulting Media Participation 75

The Procurement ClassRoom

JUNE 25, 2019

of the UN Procurement Practitioner’s Handbook 2017 (UN-PPH), in cases of a non-competitive procurement method (such as direct procurement or sole source), negotiations for price reduction can be entered into to ensure a reasonable price. According to Section 6.4 What is Price Reasonableness Analysis?

Evaluation 52

Evaluation Price Bidding Procurement 52

Kluwer Arbitration

DECEMBER 22, 2023

795/2017/QD-PQTT dated 27 June 2017 (“ Decision No. 795 “) from the Ho Chi Minh City (“ HCMC ”) People’s Court appears to treat preconditions which mandate settlement through negotiation and mediation prior to arbitration as a matter of “admissibility.” Nevertheless, Decision No.

Negotiation 52

Negotiation Contract Corruption IT 52

Import and Trade Remedies

NOVEMBER 13, 2023

Procedure to use WTO Committees The procedure to use WTO Committees functions similar to the WTO negotiating procedure. Whether the ASCM permits this interpretation is not clear. [6] 6] Indonesia has challenged the European Commission’s interpretation in a WTO dispute. [7] Business has no direct access.

Import 45

Import Export Negotiation Price 45

Kluwer Arbitration

DECEMBER 26, 2023

Since its inception, the Centre has evolved into a global hub for ADR, being built from ground up especially after I took over in 2010, starting with only 22 cases in 2010 and recording 932 cases in 2017. I am gratified to be back at the helm of AIAC five years after my previous tenure.

Influencing 98

Influencing Efficiency Leadership Innovation 98

Kluwer Arbitration

NOVEMBER 16, 2024

The parties’ “war chests” and ever escalating party costs raise questions of equality of arms in the proceedings and affect their willingness to enter into settlement negotiations as well as the terms of such settlement. Costs can also act as a deterrent in arbitral proceedings for sanctioning unwarranted delays.

Balance 52

Balance Thresholds Accountability Influencing 52

Kluwer Arbitration

SEPTEMBER 26, 2024

Background In 2017, Indian Oil issued a notice of arbitration against Essar under a gas supply agreement (“ GSA ”). In this post, we consider the interface between arbitration and insolvency in India, in light of the Indian Oil judgment and other recent decisions.

Participation 52

Participation Negotiation Import Corruption 52

Kluwer Arbitration

FEBRUARY 12, 2024

993 of 2017 of 4 February 2018, which held that arbitration is an equally valid dispute resolution forum as litigation and Case No. 993 of 2017 The Appellant, a distributor, and the Respondent, a foreign distributor, entered into an agreement on the distribution of a specific range of sports products in various territories.

Distribution 52

Distribution Thresholds Contract Negotiation 52

Kluwer Arbitration

JUNE 11, 2024

In 2017, CAI granted a license to GBO to use CAI’s trademarks, such as Disney, for the purpose of distributing CAI’s branded shoes in Germany, Austria, and Switzerland. Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. CAI manufactured shoes in Asia.

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

FEBRUARY 27, 2024

After several months of negotiations and two Memorandum of Understanding (MoU) to try and resolve the problems, the contract was terminated by MOPC in February 2020. Código Civil de la República del Paraguay Comentado, Tomo V (La Ley, 2017), pp. Código Civil de la República del Paraguay Comentado, Tomo V (La Ley, 2017), pp.

Contract 52

Contract Import IT Negotiation 52

ivalua

APRIL 1, 2020

As a group purchasing organization (GPO), Intalere connects with the right manufacturers and distributors to aggregate purchasing volume across the supply chain and negotiate improved discounts on their members’ behalf resulting in unprecedented cost savings for the healthcare industry. Learn more at www.consus-global.com/. About Ivalua.

Supply Chain 59

Supply Chain Contract Purchasing Efficiency 59

Kluwer Arbitration

NOVEMBER 17, 2023

Back in 2017, seven Chinese authorities (including the People’s Bank of China and the China Securities Regulatory Commission) jointly issued the Announcement on Preventing the Financing Risks on Initial Coin Offerings. In the authors’ view, that remains an open question. As a case in point, in Sun Dingshang v.

Price 59

Price Negotiation Innovation Finance 59

ivalua

APRIL 1, 2020

As a group purchasing organization (GPO), Intalere connects with the right manufacturers and distributors to aggregate purchasing volume across the supply chain and negotiate improved discounts on their members’ behalf resulting in unprecedented cost savings for the healthcare industry. Learn more at www.consus-global.com/. About Ivalua.

Supply Chain 52

Supply Chain Contract Purchasing Efficiency 52

Kluwer Arbitration

JUNE 7, 2024

Nevertheless, he confirmed that having a 50% non-negotiable cap at the beginning is going to decrease the attractiveness of funding the case in question. From the funders’ perspective, Harshiv Thakerar stated that in principle, funders do not attempt to recover more than 50%.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

JULY 30, 2024

Countries are enacting new national security laws to limit foreign influence, including China’s 2017 National Security Law; the US’s 2022 National Security Strategy; and the EU’s 2023 Economic Security Strategy. a negotiation period, time limitations, or excluded disputes).

Influencing 52

Influencing Thresholds Accountability Negotiation 52

Kluwer Arbitration

OCTOBER 16, 2023

Outcome Related Fee Structures (“ORFS”) for Arbitration in Hong Kong In 2017, by way of the TPF Amendment, Hong Kong legislators amended the Arbitration Ordinance and the Mediation Ordinance to allow for the use of third-party funding in arbitration and mediation, carving it out from the common law doctrines of maintenance and champerty.

Efficiency 52

Efficiency Innovation IT Negotiation 52

Kluwer Arbitration

MARCH 9, 2024

v National Highways Authority of India, 2019 SCC OnLine SC 677 (see this previous blog post ) and NTT Docomo v Tata Sons 2017 (4) ArbLR 127. Ms Sanghi went into detail about how these clarifications have been considered extensively through case law, including in Ssangyong Engineering & Construction Co.

Ethics 52

Ethics Corruption Negotiation Finance 52

The Coalition for Government Procurement

OCTOBER 24, 2024

Keynote Panel— Former Secretaries on What’s Next for the VA Moderator: Thomas Bowman , Former Deputy Secretary of Veterans Affairs (2017-2018), CEO, TGB Strategies (confirmed) Anthony Principi , Former Secretary of Veterans Affairs (2001- 2005), Principal, The Principi Group (confirmed) Dr. James Peake , M.D., James Peake , M.D.,

E-procurement 52

E-procurement Price Procurement Logistics 52

Kluwer Arbitration

JANUARY 24, 2024

of the Investment Protocol provides that investors and host states shall first attempt to resolve their investment disputes amicably “ through consultations, negotiations, conciliation, mediation or other amicable dispute resolution mechanisms available in the Host State ”. Similarly, Article 46.1

Sustainability 52

Sustainability Participation Negotiation Corruption 52

Kluwer Arbitration

DECEMBER 31, 2023

In September 2017, CIETAC issued the Guidelines for Third-Party Funding and incorporated relevant rules into the CIETAC International Investment Arbitration Rules. Under Article 48.2 This continues CIETAC’s past efforts to regulate third-party funding. Another novel addition to the 2024 Rules is Article 12.2,

Efficiency 52

Efficiency Consulting Contract Innovation 52

Kluwer Arbitration

FEBRUARY 13, 2024

The ECT Modernization Melt-Down The ECT modernization process developed from 2020 until June 2022 (for a summary of the process since 2017, see here ) and finalized with an Agreement in Principle agreed by all the ECT Contracting Parties. Otherwise, it cannot be applied. Modernization or Destabilization?

Negotiation 59

Negotiation Corruption IT Integrity 59

The Coalition for Government Procurement

OCTOBER 10, 2024

Keynote Panel— Former Secretaries on What’s Next for the VA Moderator: Thomas Bowman , Former Deputy Secretary of Veterans Affairs (2017-2018), CEO, TGB Strategies (confirmed) Anthony Principi , Former Secretary of Veterans Affairs (2001- 2005), Principal, The Principi Group (confirmed) Dr. James Peake , M.D., NW, Washington, D.C.

Price 52

Price E-procurement Logistics Procurement 52

Kluwer Arbitration

MARCH 20, 2024

The decision will also be of interest to insurers, banks and any other third parties who deal with contractual rights arising under an English law contract containing a prohibition on assignment. Delivery was delayed and MBA agreed to pay liquidated damages to the JCG.

Insurance 52

Insurance Contract Import Thresholds 52

Kluwer Arbitration

FEBRUARY 16, 2024

The agreements were not drafted, negotiated, or signed by the father or his sons. The SFSC found that the sole arbitrator rightly affirmed his jurisdiction. Within the group, the companies concluded several loan agreements and a debt assumption agreement. Please see Part II for further developments in 2023.

Capacity 52

Capacity E-procurement Demand Participation 52

Kluwer Arbitration

MARCH 11, 2024

Article 8 stops short of providing a basis for any liability or compensation.

Capacity 52

Capacity Import Negotiation Finance 52

Kluwer Arbitration

APRIL 2, 2024

2017-25, Award of 9 November 2022, para. As previously mentioned, the majority of the Tribunal opted to address the allegations as a question of admissibility through the prism of the Bank Melli v. Bahrain standard (PCA Case No.

Corruption 52

Corruption Bidding Balance Public Procurement 52

Public Contracting Institute

OCTOBER 7, 2024

These include: (1) negotiations only with the best suited offeror (i.e., Negotiating with the Apparent Successful Offeror The first bright-line violation concerns the way agencies interact with the best suited offeror. Agencies frequently ignore deficiencies and negotiate only with their preferred, but technically unacceptable offeror.

Innovation 52

Innovation Negotiation Price E-procurement 52

Inter-American Development Bank

MAY 31, 2022

These percentages are the result of political negotiations and, consequently, debatable, particularly since knowledge mega-enterprises look set to become ever larger in the future and will reside mostly in developed economies, limiting the laudable redistributive function. billion a year.

Thresholds 52

Thresholds Distribution Electronics Accountability 52

Procurement Notes

OCTOBER 10, 2022

FAR 52.216-4 (Economic Price Adjustment-Labor and Material (JAN 2017)) provides an adjustment based upon a contractor’s actual cost experience for labor/fringe and materials. Starting with his May 25, 2022 guidance , Mr. Tenaglia wrote the following. 95] The clause fixes each adjustment to the PPI. [96] See ANHAM FZCO, LLC , ASBCA No.

Government 40

Government Government Price Contract 40

Kluwer Arbitration

APRIL 1, 2024

The Voices of Developing States in Multilateral Fora Ladan Mehranvar kicked off the discussion by presenting the findings of her upcoming empirical paper on the attendance and participation of government delegations in the WGIII negotiations.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

Kluwer Arbitration

FEBRUARY 10, 2024

In 2017, SADC issued a revised model BIT , which, like the PIA, provides fair administrative treatment in the place of FET. In the same year, COMESA adopted a slight variation of fair administrative treatment in its 2017 investment agreement. 1) The Protocol’s text as adopted in February 2023 is currently not available to the public.

Balance 52

Balance Negotiation Thresholds Ethics 52

Procurement Notes

MARCH 5, 2024

Additionally, generally, the reasonable costs of preparing, submitting, and negotiating an REA are contract administration costs, and consequently are also recoverable. Alternatively, it can give the contractor an opportunity to negotiate a termination-for-convenience or no-cost termination. 6, 2017) (“U.S. 12, § 12-801 (Nov.

Government Contracts 52

Government Contracts Government Government Contract 52

The Coalition for Government Procurement

JUNE 6, 2024

We are grateful to have awarded eight accomplished veterans with this scholarship, with the first being named during the 2017 golf tournament. procurement at the GWU Law School. Thanks to the continued generosity of our members, we have raised over $140,000 for the scholarship fund over the years. Virtual attendance will also be available.

Procurement 52

Procurement Data Strategic Planning Management 52

Government Contracts Legal Forum

SEPTEMBER 29, 2023

The shutdown could slow the implementation of the administration’s Medicare drug price negotiations (set to begin October 1, 2023), and could threaten HHS oversight of the Medicaid “unwinding” process, as states reevaluate the eligibility of enrollees. See Int’l Bhd. of Boilermakers v. Nassco Holdings Inc. , 17 Cal.App.5th

Government 52

Government Government Contract Insurance 52

Import and Trade Remedies

APRIL 25, 2024

Indeed, the invocation of Section 301 in 2017 and 2018 resulted in widespread duties on Chinese goods, which remain in effect today. The announcement invites public comments, via USTR’s online portal, on China’s practices in the maritime, logistics, and shipbuilding sectors.

Export 45

Export Logistics Freight Capacity 45

Kluwer Arbitration

MARCH 25, 2024

Gregoire Bertrou turned towards the domestic level and provided an overview of recent developments in France, in particular the “duty of vigilance law” which was introduced in 2017. Suzanne Spears highlighted that protecting the right to regulate was one of the topics covered during the effort to modernize the ECT, which began in 2017.

Balance 52

Balance Export Sustainability Import 52