Kluwer Arbitration

NOVEMBER 28, 2023

2019-11, Award dated 31 January 2022; Manuel García Armas et al v Venezuela , CPA 2016-08, Award on Jurisdiction dated 13 December 2019; Enrique Heemsen v Venezuela , CPA 2017-18, Award on Jurisdiction dated 29 October 2019).

Negotiation 59

Negotiation Balance Contract Corruption 59

Kluwer Arbitration

MAY 15, 2024

A perception of potential bias and cultural differences has expedited this shift, with local parties, often governments or government entities, insisting on local seats in their arbitration clauses when negotiating contracts. Should investors be pushing back on African seat proposals when negotiating arbitration clauses?

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Negotiation Capacity Import Corruption 52

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. The negotiations will be documented, and contract award depends on the outcome of the negotiations.

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Evaluation Price Bidding Procurement 52

Government Contracts Legal Forum

JANUARY 25, 2024

s (Ludvik) pass-through claims during the parties’ settlement negotiations over the claims. In January 2019, Ludvik alerted Vanderlande that it had pass-through claims to assert against HDJV for changes in scheduling that allegedly caused $10 million in unanticipated losses.

Negotiation 52

Negotiation Transparency Government Contracts Contract 52

Kluwer Arbitration

OCTOBER 27, 2023

A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. 19222/20.1T8LSB.L1-6 Gazprom (2022).

Contract 52

Contract Balance Negotiation Insurance 52

Kluwer Arbitration

SEPTEMBER 26, 2024

The Delhi High Court Judgment Following the Supreme Court’s decision, the resolution plan was implemented and Arcelor Mittal acquired Essar in 2019. In 2021, Indian Oil pursued claims against Arcelor Mittal for amounts allegedly owed under the GSA, now amounting to approximately USD 1.4

Participation 52

Participation Negotiation Import Corruption 52

Kluwer Arbitration

AUGUST 4, 2024

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.

Insurance 52

Insurance Sustainability Negotiation Price 52

Kluwer Arbitration

JANUARY 14, 2024

As for Hong Kong, our contributor looked at the four years in practice of the Interim Measures Arrangement, which, since coming into effect in October 2019, has emerged as a preferred method for interim measures between Mainland China and Hong Kong in arbitrations. In this respect, our contributors reported on a conference in Washington, D.C.

Negotiation 52

Negotiation Innovation Efficiency Influencing 52

University of Bristol

DECEMBER 10, 2019

Emerging evidence shows that: [M]any ongoing experiments are built on permissioned chains, which may seem most applicable for the public sector as they allow control to be retained over who can record new transactions, all while enhancing accountability through identity management and transactional transparency’ ( Ubaldi et al, 2019 : 16).

Public Procurement 52

Public Procurement Procurement Government Government 52

Government Contracts & Investigations

SEPTEMBER 13, 2023

This means that the government and private companies have more flexibility in negotiating the terms and conditions of OTA, as compared to standard contract vehicles. 4, 2019, 2019 CPD ¶ 120 at 2. It is important to note, however, that an OTA is not the same as a procurement contract, cooperative agreement, or grant.

Bidding 52

Bidding Procurement Contracts Procurement Contract 52

The Coalition for Government Procurement

AUGUST 15, 2024

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).

E-procurement 52

E-procurement Supply Chain Procurement Price 52

LexBlog: Contracts & Procurement

JUNE 24, 2022

DFARS 252.204-7020 & NIST SP 800-171 Beginning November 30, 2020, DFARS Rule 2019-D041 requires the use of DFARS 252.204-7020 in all DoD solicitations and contracts, task orders, or delivery orders (except those solely for the acquisition of commercially off the shelf items). Conclusion The long and short of it is Read Your Contract!

Negotiation 40

Negotiation Contract Supplier Contract Management 40

Kluwer Arbitration

JULY 7, 2024

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 ).

Education 52

Education Efficiency Integration Integrity 52

Kluwer Arbitration

FEBRUARY 7, 2024

There was a marked preference for arbitration (whether contractual or treaty-based) over other dispute resolution mechanisms such as mediation, direct negotiation, government intervention, and litigation in the host state’s courts. Cases like Vodafone v.

Negotiation 52

Negotiation Corruption Government Government 52

Federal News Network

NOVEMBER 2, 2023

So in 2019, DOE did that with HPM. One of them was performed by DCAA in 2019, and then the auditor, Cohn Resnick, audited their 2020 contract records and DoE’s contracting officer said, Hey, I want to see everything that you’re providing to the auditors. So this is a non-monetary claim by the contractor.

Government 59

Government Government Contract Price 59

Kluwer Arbitration

AUGUST 7, 2024

Since the negotiations turned out unsuccessful, the Claimant filed with the RAC to recover the debt under the contract and the late payment interest under the Thailand Civil and Commercial Code. Contractor v. Employer (Award), CRCICA Case No.

Freight 52

Freight Transportation Transportation Contract 52

Kluwer Arbitration

OCTOBER 11, 2024

Oliveira e Merqueades Ltda (Vanorry Holding Eireli) & Sppatrim Administracao e Participacoes Ltda v. The Court stated that the obligations set out in each contract had a high degree of interdependence, in such a way that it was essential to submit both contracts to arbitration.

Insurance 52

Insurance Participation Contract IT 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

SEPTEMBER 14, 2024

However, such developments do open up the possibility of Australia advancing an “investment court” alternative to ISDS when reviewing older IIAs and negotiating new ones. A similar jurisdictional objection can be expected in the claims brought under the first Zeph claim, as the claimant appears to be incorporated in 2019.

Transparency 52

Transparency Government Government Integration 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 Finance Negotiation 52

Kluwer Arbitration

OCTOBER 16, 2023

101 Applications under the Interim Measures Arrangement in its Fourth Year of Enforcement On 1 October 2019, the Interim Measures Arrangement came into effect. Looking back on the past, the first interim measure (under the Interim Measures Arrangement) was granted by the Shanghai Maritime Court on 8 October 2019.

Efficiency 52

Efficiency Innovation IT Negotiation 52

ivalua

AUGUST 17, 2021

The answer for many organizations is to ensure employees have access to pre-negotiated catalogues of goods and services which they can shop from on an as needed basis. million metric tonnes of e-waste in 2019 globally, of which just 17% was recycled”.

Procurement 52

Procurement Supply Chain E-procurement Procurement Team 52

Kluwer Arbitration

APRIL 22, 2024

57/2019, which expressly prohibits AGU’s attorneys to undertake private engagements related to alternative dispute resolution, e.g. , arbitration, mediation, conciliation, and negotiation. In addition, given the involvement of a government attorney in this case, Laws n. 73/1993 and n.

Government 52

Government Government Capacity Influencing 52

Kluwer Arbitration

MARCH 20, 2024

Ms Fatás Pérez added that negotiations on the creation of a multilateral investment court would still require significant work. Dr Kozmenko also expressed her support for the creation of a multilateral investment court, drawing similarities with the original reason for BIT arbitrations as creating a neutral forum, separate from state courts.

Negotiation 52

Negotiation IT Corruption Quality 52

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. However, Mota Engil had already lodged its request for arbitration in December 2019.

Contract 52

Contract Import IT Negotiation 52

Kluwer Arbitration

DECEMBER 26, 2023

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.

Influencing 98

Influencing Efficiency Leadership Innovation 98

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.

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 Finance Negotiation 52

Kluwer Arbitration

APRIL 2, 2024

Brigitte Stern and Dr. Andrés Rigo Sureda (President) issued a final award (“Award”) in an investment treaty case PCA 2019-15 (“Dispute”), between Worley International Inc. On 22 December 2023, a Tribunal composed of Prof. Bernard Hanotiau, Prof. Worley” or “Claimant”) and The Republic of Ecuador (“Ecuador” or “Respondent”).

Corruption 52

Corruption Bidding Balance Public Procurement 52

ivalua

DECEMBER 19, 2018

Paris, France – 15 th January, 2019 – PKP Energetyka is a leader in the construction and maintenance of contact line systems as well as railway electrical power engineering in Poland. The Ivalua solution will automate some of the processes – proceedings, negotiations and approval of contracts as well as invoicing.

E-procurement 40

E-procurement Tender Supplier Buyers 40

ivalua

MAY 1, 2020

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.

Supply Chain 52

Supply Chain Management Supplier E-procurement 52

Procurement Notes

OCTOBER 10, 2022

” [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.

Government 40

Government Government Price Contract 40

Kluwer Arbitration

DECEMBER 16, 2023

ii) the second wave (2012-2018) consisted of softwares to manage cases, store data and review contracts such as Disco, Ontra, Premonition, Legalist etc; (iii) the third wave (2019-today) was when AI started imitating human behavior, like assistants and co-counsel softwares, namely CaseText, Harvey and so on.

Insurance 40

Insurance Demand Corruption Supply Chain 40

ivalua

DECEMBER 5, 2019

London, UK – December 5, 2019 – Research from Ivalua , a global leader in spend management cloud solutions , has shown that two thirds (67%) of UK businesses say innovation is being blocked by a focus on cost reduction. The more innovative suppliers are in a position where they can now pick and choose who they work with.

Supplier 9

Supplier Innovation Collaboration Supply Chain 9

Kluwer Arbitration

FEBRUARY 10, 2024

In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force. After years of negotiations, the Assembly of Heads of State and Government of the African Union subsequently adopted the Protocol on Investment (“Protocol”) to the AfCFTA Agreement in February 2023.

Balance 52

Balance Negotiation Thresholds Ethics 52

Whistleblower Network News

DECEMBER 6, 2023

For example, a recent report from TI finds that a shocking 19 of 20 EU countries do not comply with the 2019 EU Whistleblower Protection Directive. With informal negotiations in Vienna underway, one resolution on whistleblower protection has been introduced by Serbia and Palestine.

Corruption 93

Corruption Negotiation Accountability Transparency 93

ivalua

OCTOBER 1, 2019

In this way, we optimise the experience of a user who would like, for instance, to purchase a pair of safety boots from a set of items that are available from catalogues negotiated by the Procurement Department. The two technologies are the top performers for these types of functionalities. .

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Procurement E-catalogue E-procurement Supplier 40