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Part I focuses on the scope of arbitration clause and its validity in the context of a party’s (in)capacity of discernment, as well as on the new developments regarding res iudicata. The agreements were not drafted, negotiated, or signed by the father or his sons. Part II explores new case law on the enforcement of arbitral awards.
Various other initiatives have been set in motion such as the establishment of the Africa Arbitration Academy to provide training to arbitration practitioners in Africa and accelerate capacity building. Should investors be pushing back on African seat proposals when negotiating arbitration clauses?
She examined in what manner small states have been (i) accessing courts to get them to address climate change in international law; (ii) shaping the legal landscape and the law in so doing; and (iii) considering international law’s capacity to provide actual legal remedies.
Amongst others, I faced several criminal charges in 2019 relating to certain acts allegedly committed during my earlier tenure as Director of AIAC. I am gratified to be back at the helm of AIAC five years after my previous tenure. As your readers may be aware, the past few years have been challenging for me.
The carve-out was not among the closed list of topics for negotiation approved by the Energy Charter Conference in 2019. Neither was it included in the EU Council’s original negotiating mandate or in the initial EU proposal.
The government attorney, appointed as arbitrator by Petros, had previously acted under several capacities, between 2010 and 2015, at the governmental entity Superintendência Nacional de Previdência Complementar (“Previc”). In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.
On 8 April 2024, following lengthy discussions dating back to 2019, the UNCITRAL Working Group III (“WGIII”) completed the draft statute of an advisory centre on international investment dispute resolution (“Advisory Centre”) (see previous coverage ).
Companies that maintained zero-sum, hard negotiation relationships with suppliers cannot suddenly reset those in a more collaborative mold. Look at overall margins throughout the supply chain and negotiate temporary price adjustments in return for future business, considering the relative financial stress of each party.
While the last SIAC Manila Conference 2019 was an intimate gathering of only 80 participants, this year’s ‘ SIAC Manila Conference 2023: Deep Dive into Arbitration Trends ’ held on 25 May 2023 attracted more than 800 registrants, and SIAC had to cap the conference attendees at 500 practitioners, government representatives, and in-house counsel.
bankruptcy filings surged by 18% in 2023 on the back of higher interest rates, tougher lending standards[,] and the continued runoff of pandemic-era backstops,” although the number of 445,186 filings was still below “the 757,816 bankruptcies filed in 2019[.]” [39] Again, negative trending, but not terrible. Idle Capacity).
“HomeSafe’s pricing was bid in 2019, and we’ve seen a lot of inflation in our industry. We’d be paid less than we were being paid in 2019, and then you add on all these costs, and there’s just not enough dollars.” We’ve had negotiations with TRANSCOM to adjust for the inflation that’s occurred. I can’t not use them,” he said.
The Coalition welcomed Tom to the team in 2019, where he immediately enhanced our domain expertise through his strategic insights and comprehensive knowledge of procurement issues. The negotiated pricing is the first in a series that will be conducted through the Medicare Drug Price Negotiation Program. 24-160 (July 16, 2024).
” [5] Iron ore prices are down from 2021, but still above 2015-2019 averages. “In 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.
Discussions took place regarding the need to increase Congressional capacity. Increase capacity of current Congressional committees, as they already have subject-matter expertise. The five witnesses agreed that Congress’ current structure is not set up to review the rules coming out of the Executive branch. 24-160 (July 16, 2024).
This “internal” guidance outlines a host of evaluation and negotiation directives, standards, and considerations for FSS contracting officers. The PAP includes other directives and guidance that raise questions regarding equity and balance in the evaluation and negotiation of FSS pricing terms. OMB concurred with the recommendation.
This past November, the Trump administration announced that starting in 2021, it would require hospitals to publicly disclose the discounted prices they negotiate with insurance companies as part of a broader push to make healthcare markets more transparent to patients and increase competition. With greater media attention, change is coming.
This past November, the Trump administration announced that starting in 2021, it would require hospitals to publicly disclose the discounted prices they negotiate with insurance companies as part of a broader push to make healthcare markets more transparent to patients and increase competition. With greater media attention, change is coming.
Tanvir , the Supreme Court made clear that, under RFRA, a government official can be sued in his/her individual capacity. [48] Hence, just like under the NLRA, unless the bargaining unit agreement already grants to the agency the unilateral right to impose a vaccination requirement, the agency has to negotiate. In FNU Tanzin v.
14,043 (Requiring Coronavirus Disease 2019 Vaccination for Federal Employees), [14] and a pronouncement that he was ordering OSHA to create a new ETS. [15] But, what if the procuring Agency unilaterally imposes the deviation clause, without economic adjustment, without negotiation, and when the Agency issues a unilateral mod.,
This suggests that the elements that relate to procurement, discussed below, may be referenced by the United States in ongoing bilateral or regional negotiations regarding the comprehensive reciprocal tariffs announced on April 2, 2025 (“Liberation Day”). Many elements of the comprehensive report were delivered ahead of schedule.
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