Kluwer Arbitration

DECEMBER 22, 2023

She also highlighted the high threshold in Denmark to set aside an award based on an arbitral tribunal’s action, especially if such action is covered by the national law, institutional rules and/or procedural orders. 2016.1558/2H), which sets a high threshold for any setting aside arguments. The Supreme Court decision (U.2022.1117)

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Thresholds Corruption Import Management 52

Kluwer Arbitration

OCTOBER 16, 2024

of the ACICA Rules 2021 is that each party bears the burden of proving the facts relied upon to support its claim or defence. Parties should consider their ethical obligations but should not make submissions simply because they meet the minimum threshold of being ethical. The fundamental requirement under Art 35.1

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Ethics Thresholds Corruption Consulting 52

Open Contracting Partnership

JULY 6, 2023

Giuseppe Busia, President of Italy’s National Anti-Corruption Authority (ANAC) highlighted digitalization as a key element to prevent corruption and improve efficiency in public procurement and provided concrete examples of how ANAC collaborates with civil society to pursue data-driven approaches to anti-corruption.

Procurement 52

Procurement Public Procurement Sustainability E-procurement 52

Kluwer Arbitration

DECEMBER 28, 2023

Interestingly, Article 11 has introduced “justifiable doubts” as the standard of disclosure which has its original basis in the UNCITRAL Arbitration Rules 2021. The threshold of “appearance of dependence or bias” as laid down in Blue Bank is similar to the “justifiable doubts” standard under the UNCITRAL Arbitration Rules.

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Thresholds Influencing Corruption IT 95

Kluwer Arbitration

SEPTEMBER 19, 2024

In the other arbitration, Aynès’ law firm had raised serious corruption allegations against high-level Iranian officials and was collaborating with Crescent’s lead counsel. Also, Mr. Aynès had himself worked alongside Crescent’s lead counsel in the past.

Corruption 52

Corruption Thresholds Sustainability IT 52

Kluwer Arbitration

DECEMBER 18, 2023

The keynote address also offered insights into ICC case statistics, revealing Paris as the consistent top choice throughout the years, 2008-2022, except for two instances in 2019 and 2021 when London briefly took the lead.

IT 52

IT Corruption Import Thresholds 52

Kluwer Arbitration

JULY 26, 2024

The tribunal in turn issued an Interim Supplemental Award in December 2021 and a Final Supplemental Award in March 2022 (together the ‘Supplemental Awards’). Regarding the two threshold requirements, the Court found that Forbes IP satisfied them because it showed that the parties were the same in parallel proceedings (i.e.,

Insurance 52

Insurance Thresholds Media Contract 52

Kluwer Arbitration

MARCH 29, 2024

Article 54 was said by Spain not to come close to meeting that threshold, because it was not framed as a waiver or submission by Spain to the jurisdiction of any domestic court bar its own. This application was granted on 8 October 2021, and the resulting enforcement order was served on Zimbabwe on 27 May 2022. 3) [2000] 1 AC 147.

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Thresholds IT Corruption Contract 52

Kluwer Arbitration

APRIL 29, 2024

In KlimaSeniorinnen , the Court confirmed that the threshold under Article 34 ECHR for individual applicants alleging climate-related harm is “especially high.” According to a 2021 study , since the 2015 Dutch court decision (upheld on appeal) in Urgenda v. In 2021, in Milieudefensie v.

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Thresholds Balance IT Corruption 52

Kluwer Arbitration

JANUARY 16, 2024

2046/2021, 28 July 2021 Stephan Adell, Adell & Merizalde, ITA Reporter for the Dominican Republic The Dominican Supreme Court of Justice (‘Supreme Court’) ruled that 1) parties cannot agree to recognition and enforcement of an award process that deviates from the one provided in the New York Convention and Law No.

Corruption 52

Corruption Insurance IT Contract 52

Kluwer Arbitration

JULY 5, 2024

Faced with the same threshold question in Brentwood , the Beijing Court directly applied the “seat standard” and decided that it had supervisory jurisdiction over the ICC award rendered in Beijing. The Beijing Court then proceeded to review the set-aside challenges brought by the claimant.

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Thresholds Import Corruption IT 52

Kluwer Arbitration

JUNE 11, 2024

Natura Furniture , 2021), Belgium ( SNF v. This regulation grants a safe harbor for vertical agreements under certain conditions (among others, a 30% market share threshold and the absence of “hardcore” listed restrictions). More intrusive scrutiny by national courts on public policy grounds is also apparent elsewhere in Europe.

Distribution 59

Distribution Price Negotiation Manufacturing 59

Kluwer Arbitration

DECEMBER 27, 2023

In 2021, the Dutch Supreme Court rejected Russia’s appeal on all grounds, except for the ground that the awards were procured by fraud on the tribunal. Parties should however expect that a high threshold would apply for the Court finding “ special circumstances “, as in this case, the existence of a novel point (i.e.

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Thresholds Corruption IT Procurement 52

Telles.eu

DECEMBER 5, 2023

The European Court of Auditors published yesterday its report on EU public procurement between 2011 and 2021 , looking into the competition for public contracts covered by EU rules. We also note that some of the objectives of the 2014 reform may at times go against the overarching objective of ensuring competition in public procurement.”

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Public Procurement Procurement Thresholds Corruption 140

How to Crack a Nut

MARCH 28, 2023

The 2020 data strategy stressed that Public procurement data are essential to improve transparency and accountability of public spending, fighting corruption and improving spending quality. In order (sic) words, public procurement is rich in data, but poor in making it work for taxpayers, policy makers and public buyers.

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Procurement Public Procurement Buyers Thresholds 52

Government Contracts Legal Forum

JANUARY 5, 2024

This provision of the NDAA seems targeted at bridging the communication gap between the agencies by requiring that the parties to a proposed transaction over the HSR threshold provide a copy of their HSR filing directly to DoD. Section 856 requires DoD to establish and carry out a pilot program to analyze, map, and monitor key U.S.

Government 40

Government Government Export Data 40

Telles.eu

NOVEMBER 7, 2023

With today's announcement of his resignation on the back of a corruption probe, the time of Antonio Costa as Portuguese Prime-Minister reached its end. As for the 2017 transposition I do not have much to say, but I did say a lot about what was happening below-thresholds. About 2021, however is a different story.

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Procurement Thresholds Tender Transparency 100

Kluwer Arbitration

FEBRUARY 15, 2024

34 in 2021 , 3) Article 6a of Decree No. This is much higher than the threshold for expedited procedures under the DIAC Rules of USD 272,000 and of SAR 4 million (AED 3.9 million) under the SCCA Rules. The final award, in expedited proceedings, is to be rendered within four months from the arbitral tribunal’s receipt of the case file.

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