Kluwer Arbitration

JULY 2, 2024

This criticism, even if it were true, would not reach the high threshold for a violation of public policy, in any event (para. In its decision 4A_398/2021 of 20 May 2022, the SFSC rejected the set-aside action, finding that Venezuela had failed to show that the restructuring was abusive. decision 4A_398/2021 of 20 May 2022, para.

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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 E-procurement Sustainability 52

Kluwer Arbitration

JULY 22, 2024

Eco Oro Case: The Outlier’s View The question of how to interpret this type of FET clause led to a heated debate between the majority of the tribunal and Philippe Sands in his dissenting opinion in the 2021 Eco Oro v Colombia case, decided under the Canada-Colombia FTA containing a FET clause copied from the US Model BIT.

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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

MARCH 24, 2024

According to official statistics , between 2021 and 2022 the TSJM heard almost 40% of all annulment actions decided by Spanish Courts. This decision was followed by others issued in 2021 ( STC 17/2021 and STC 65/2021 ) and 2022 ( STC 50/2022 and STC 79/2022 ).

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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

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

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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.

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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

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

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

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

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

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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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

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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Electronics Thresholds Corruption IT 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.

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Government Government Export Data 40

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.

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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.

Procurement 100

Procurement Thresholds Tender Transparency 100

Kluwer Arbitration

DECEMBER 5, 2024

Following unfruitful attempts at amicable settlement, DJO commenced an ICC arbitration seated in Singapore on 16 December 2021 (the Singapore Arbitration). To be clear, the authors take no firm view on whether the arbitrators conduct in DJO reaches this threshold of severe conduct warranting the disclosure of his name.

Accountability 52

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Kluwer Arbitration

MARCH 7, 2025

20/00723, 28 May 2021 Richard Hansen, Linklaters LLP, ITA Reporter for the Netherlands This Dutch Supreme Court decision regards revocation proceedings under Article 1068 DCCP. The Singapore High Court, presided by Justice Mohan, dismissed the application, reiterating the high threshold for judicial intervention in arbitration.

E-procurement 52

E-procurement Thresholds Import Distribution 52

Kluwer Arbitration

NOVEMBER 28, 2024

The present decision suggests that the Court applies a (slightly) higher threshold for its domestic territorial jurisdiction than for its international jurisdiction. Citing the Supreme Court Yukos judgment of 2021 (para. This decision is interesting as previous case law (para.

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