Kluwer Arbitration

FEBRUARY 16, 2024

This post highlights the most significant arbitration-related decisions of the Swiss Federal Supreme Court (“SFSC”) in 2023 that are of interest to the international arbitration community at large. The agreements were not drafted, negotiated, or signed by the father or his sons. as licensor and B. as licensee.

Capacity 52

Capacity E-procurement Demand Participation 52

SmallGovCon

OCTOBER 25, 2023

For instance, for negotiated contracts, a “protest must be received by the contracting officer prior to the close of business on the 5th day, exclusive of Saturdays, Sundays, and legal holidays, after the contracting officer has notified the protestor of the identity of the prospective awardee.” ” 13 CFR 121.1004.

Contract 105

Contract Procurement Participation Government Contracts 105

Kluwer Arbitration

MARCH 25, 2024

Since 2016, Mongolia has been working to establish a new model BIT to guide the negotiation of new BITs and the renegotiation of existing BITs. These reforms centered on state involvement and equity participation in strategic mineral deposits, and increased national benefits from its rich mineral resources.

Transparency 105

Transparency Negotiation Price Export 105

Select GCR

DECEMBER 3, 2024

Government agency programs like the GSA Schedules provide long-term contracts, allowing businesses to sell commercial products and services at pre-negotiated prices, simplifying the purchasing process. Registering in SAM Registration in SAM is a prerequisite for participating in government contracting.

Bidding 52

Bidding Government Government Buyers 52

The Coalition for Government Procurement

MAY 17, 2024

Currently, the Schedule program is deemed a competitive procedure if participation is open to all responsible sources and orders and contracts under the program result in the lowest overall cost alternative to meet the government’s needs.

Price 49

Price Negotiation Participation Category Management 49

VWV

OCTOBER 8, 2024

The Procurement Act 2023 (the Act) introduces a range of reforms aimed at simplifying and enhancing transparency in the procurement process, which should be good news for suppliers. In this two-part blog series, we answer frequently asked questions to help you understand the impact of the Act and how to prepare.

Supplier 52

Supplier Procurement Tender Transparency 52

Kluwer Arbitration

NOVEMBER 4, 2023

The Singapore International Arbitration Centre (SIAC) returned to Manila in full force in 2023. Ongcangco stressed that ADR clauses in borderless contracts should be non-negotiable, as availing of traditional dispute resolutions is impossible. In concluding the day-long conference, Ms.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

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. countries, are by far the most vocal participants in the discussions. Canada and E.U.

Negotiation 52

Negotiation Participation Sustainability Influencing 52

The Coalition for Government Procurement

SEPTEMBER 6, 2024

GSA published its EPA proposed rule, GSAR Case 2020-G510, Federal Supply Schedule Economic Price Adjustment , on November 16, 2023. We called for language clarifying the necessity of market research, using market indexes, and identifying time limits for EPA reviews and negotiations.

Price 49

Price Negotiation Transparency Utilities 49

Kluwer Arbitration

JANUARY 24, 2024

On 8 December 2023, the International Institute for Conflict Prevention & Resolution and the New York City Bar Association hosted the first Africa Arbitration Day in New York. In February 2023, African states adopted the Investment Protocol during the 36 th African Union Summit in Addis Ababa, Ethiopia. Similarly, Article 46.1

Sustainability 52

Sustainability Participation Negotiation Corruption 52

The Coalition for Government Procurement

APRIL 19, 2024

These regulations and associated guidance address a host of contracting officer responsibilities, including but not limited to, proposal evaluation, negotiations, price and/or cost analysis, data rights, and foreign acquisition ( e.g. , TAA). For this reason, procurement policy flow-downs cannot be one-sided.

Procurement 49

Procurement Negotiation Price Transparency 49

Tracker Intelligence

NOVEMBER 4, 2024

Pre-negotiated terms are provided that reduce the complexity for contracting authorities in procurement whilst allowing suppliers to capture opportunities more efficiently. These agreements take on even greater importance under the Procurement Act 2023, with greater emphasis on transparency, competition and sustainability.

Framework Agreement 52

Framework Agreement Procurement Supplier Tender 52

Kluwer Arbitration

SEPTEMBER 3, 2024

In a legal context, elements of emotion AI are already being used in negotiation and mediation processes (e.g., AI-powered chatbots used by Walmart to negotiate with suppliers). In essence, it allows all participants to peep into each other’s ‘heads.’

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

SEPTEMBER 26, 2024

In the October 2023 decision of Indian Oil Corporation Ltd v Arcelor Mittal Nippon Steel India Ltd (“ Indian Oil ”), the Delhi High Court refused to refer claims to arbitration as they had been extinguished under a duly approved insolvency resolution plan and were therefore “non-arbitrable.”

Participation 52

Participation Negotiation Import Corruption 52

How to Crack a Nut

APRIL 21, 2023

First, a webinar where I will be participating in discussions on the role of procurement in contributing to the public sector’s acquisition of trustworthy AI, and the associated challenges, from an EU and US perspective. Registration is now open for two free events on procurement and artificial intelligence (AI). All welcome!

Procurement 52

Procurement Tender Public Procurement Innovation 52

How to Crack a Nut

NOVEMBER 17, 2023

After protracted negotiations, EU procurement law now comprises a set of three instruments seeking to rebalance the (complete) openness of EU procurement markets. This is an area where EU law has recently generated significant developments. Arrowsmith, Sue, The Law of Public and Utilities Procurement.

Public Procurement 105

Public Procurement Procurement Buyers Tender 105

Kluwer Arbitration

NOVEMBER 18, 2023

On the first day of the 2023 Seoul ADR Festival , Secretariat Advisors hosted a double feature of panels relating to arbitration costs. Lee and Savoie both participated in the preparation of a recent report on this topic published by the Young Canadian Arbitration Practitioners (YCAP) and Secretariat.

Management 52

Management Data Negotiation Participation 52

Kluwer Arbitration

SEPTEMBER 25, 2023

Thereafter, in accordance with the convention’s Article XII(2), the New York Convention entered into force for Timor-Leste on 17 April 2023 2) United Nations, Timor-Leste accedes to Convention on the Recognition and Enforcement of Foreign Arbitral Awards , [link]. ↑ 5 The official document is in Portuguese.

Negotiation 40

Negotiation Corruption Participation IT 40

Kluwer Arbitration

NOVEMBER 28, 2023

In the Award on Jurisdiction , rendered on 26 July 2023, the tribunal rejected jurisdiction over the dispute by adopting the doctrine of the dominant and effective nationality. ” (see Lepoutre/Riva (1998): Nacionalidad y Apatridia, Rol del ACNUR.

Negotiation 59

Negotiation Balance Contract Manufacturing 59

Select GCR

AUGUST 2, 2023

GSA and PBS Office of Leasing is seaking offers for leased offices space during the current open priod of August 1st through August 7th 2023 (ending at 7:30 pm EDT). This allows for negotiation and multiple offers on the proposal. This code is required to participate in Government leasing contracts in the US.

Government 52

Government Government Contract Bidding 52

The Coalition for Government Procurement

FEBRUARY 8, 2024

Considerations for the Private Sector The Framework, which was issued in January 2023, provides a set of voluntary best practices to the private sector for the development and use of artificial intelligence systems. Agencies are directed to focus attention on maximizing small business participation below the simplified acquisition threshold.

E-procurement 52

E-procurement Price Negotiation Utilities Procurement 52

Kluwer Arbitration

APRIL 9, 2024

On 21 December 2023 the Court of Justice of the European Union (“CJEU”) handed down its decision in Case C-124/21 P, International Skating Union v. In negotiating with the Commission the ISU should be anxious only to satisfy the former, not the latter. European Commission. This is unmistakably seen in para.

IT 59

IT Management Participation Negotiation 59

Kluwer Arbitration

MARCH 30, 2024

In Brazil, however, a study coordinated by Center for Access to Justice, Process and Dispute Resolution Means (Najupmesc) at Fundação Getúlio Vargas’ Sao Paulo Law School and Canal Arbitragem in 2023, showed that the use of mediation in Brazil has grown in the last 10 years, especially during the pandemic, in 2020 and 2021 (see here ).

Efficiency 52

Efficiency Negotiation Buyers Price 52

Kluwer Arbitration

MAY 5, 2024

Subramanian formally opened the session by quoting a statement from the Miami Arbitration Week 2023 that “the arbitration community is losing the fight to ensure the survival of ISDS”. Rowley, KC observed that treaties have to be negotiated like contracts. ISDS in 2024 The Current State of ISDS: A State’s Perspective Justice V.

Balance 52

Balance Negotiation Sustainability Accountability 52

Procurement Notes

MARCH 5, 2024

27] “He noted that in early 2023 this model suggested only a 12% chance of a recession[.]” [28] Other Negative Indicators On top of the foregoing, some negative indicators are sprouting. For consumers, “[c]redit card delinquencies surged more than 50% in 2023 as total consumer debt swelled to $17.5 billion from $11.2 billion.” [37]

Government Contracts 52

Government Contracts Government Government Contract 52

Kluwer Arbitration

JULY 7, 2024

According to its 2021, 2022, and 2023 Annual Reports , ICSID has delivered well over a hundred courses and presentations each year: these include the well-known “ICSID 101”, featuring an introduction to ICSID and general stages of an ICSID arbitration case.

Education 52

Education Efficiency Integration Negotiation 52

Kluwer Arbitration

JUNE 7, 2024

The panel discussion covered three topics: participants introduced their respective jurisdiction’s stance on TPF, debated the merits of codifying current practices, and shared their views on how formal rules permitting TPF could impact a jurisdiction’s popularity as a forum.

Import 52

Import Ethics Influencing Negotiation 52

Kluwer Arbitration

DECEMBER 9, 2023

As the most prestigious arbitral institution in the world, the ICC International Court of Arbitration celebrated its 100th anniversary in 2023. According to the panelists, this should be done from the outset of negotiations to ensure legal certainty for all parties involved.

Public Bidding 52

Public Bidding Import Bidding Demand 52

Tracker Intelligence

DECEMBER 30, 2024

Governments may collaborate with small and medium-sized enterprises (SMEs) and minority-owned businesses to increase participation. Ethical labour standards are non-negotiable, ensuring workers’ rights and well-being are protected throughout the supply chain.

Public Procurement 52

Public Procurement Procurement Supply Chain Tender 52

The Coalition for Government Procurement

OCTOBER 10, 2024

Identify unmet needs, broken processes, and problems around transparency, participation, and accountability.” Innovative approaches : “What innovative approaches or emerging technologies could the government explore to enhance transparency, public participation, and accountability?” NW, Washington, D.C.

Price 52

Price E-procurement Logistics Procurement 52

Federal News Network

NOVEMBER 6, 2024

I think we should probably look at the trajectory of all of these GWACs and the ability of small business to participate in that marketplace. Is it really conducive to small business participation? In fiscal 2023, SBA says agencies awarded an all-time high of 28.4% What measures can we implement to reverse that trend?

Contract 111

Contract Procurement Participation Data 111

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Dispute Design and Public Participation In treaty ISDS, arbitration often follows the generic framework of an IIA, which restricts a state’s influence over the specific dispute, potentially impacting legitimacy as it may appear to surrender sovereignty to external entities.

Balance 52

Balance Transparency Contract Tender 52

The Coalition for Government Procurement

OCTOBER 24, 2024

SBA’s Process for Reviewing Individual and Class Waivers of the Nonmanufacturer Rule (NMR) Chris Clarke , SBA Attorney, will provide a refresh of the nuts-and-bolts of pursuing and securing NMR waivers, as well as the NMR impacts on small business participation in federal procurement. NW, Washington, D.C.

E-procurement 52

E-procurement Price Procurement Logistics 52

Government Contracts Legal Forum

AUGUST 29, 2024

Under both of these circumstances, the procuring agency cannot count the options or orders as an award to a small business or small business program participant for goaling purposes. The 2023 GAO decision in Washington Business Dynamics, LLC , B-421953, B-421953.2 (Dec. 121.404(b)(4)(ii)). 121.103(h)(3)).

E-procurement 52

E-procurement Participation Purchasing Contract 52

Kluwer Arbitration

NOVEMBER 29, 2023

Oft-cited as one of the most successful transboundary water-sharing mechanisms in the world, the IWT has resurfaced as the epicentre of an arbitration claim brought by Pakistan to the Permanent Court of Arbitration (“ PCA ”), with an Award on Competence having been rendered on July 6, 2023. This post examines this Award on Competence.

Negotiation 52

Negotiation Participation Import Capacity 52

The Coalition for Government Procurement

AUGUST 15, 2024

Don’t miss your chance to participate in the Joseph P. On September 20, 2023, the Army awarded the follow-on production contract to Taylor Defense Products, LLC. billion in Part D gross covered prescription drug costs, or about 20% of total Part D gross covered prescription drug costs during 2023.”

E-procurement 52

E-procurement Supply Chain Procurement Price 52