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This article seeks to disentangle these overlapping terms by examining the tools and methods that are often used interchangeably. Procurement decisions may also be influenced by emergencies, such as the need for the prompt delivery of goods and services to address disasters like earthquakes or hurricanes. What is a Solicitation Tool?
As part of Paris Arbitration Week 2025 , ESSEC Business School hosted a roundtable discussion on The Growing Influence of Criminal Law in International Arbitration. This proposal is similar to Article 34(4) of the UNCITRAL Model Law and to the laws of certain jurisdictions.
To make it easier to incorporate “green procurement” into procurement planning, the UNCITRAL model law might be amended to: Article 7 – Flexible Communications: Make it easier to change means of communication during the course of a procurement. system) hinge on vendors’ “green” initiatives has long been a very controversial approach.
In his article “ The Future of Public Infrastructure is Digital “, Bill Gates envisions a world where infrastructure is smarter, more efficient, and digitally integrated. This vision aligns with the aspirations of many governments: leveraging technology to enhance public services , reduce costs, and promote sustainability.
This article provides an overview of Mongolia’s international investment climate and explores recent developments. In 2020, the mining sector accounted for 21.6% Mongolia’s International Investment Climate A. The tribunal directed the claimants to indicate their intention to seek damages, but no damages claim was ever made.
This article will explore what is prime contractor roles, responsibilities, and the importance of prime contractors in government projects. This involves a high level of responsibility and accountability, as prime contractors must manage both the resources and subcontractors effectively to fulfill their obligations.
And so is their interplay (for a more detailed account of the relevant questions, see Kehl & Wuschka, ZEuS 2024 , 59 (67 et seq.)). Importantly, however, the ECT continues to apply for pre-existing and qualifying investments under its sunset clause, Article 47(3), for another 20 years. At the same time, Article 36(1) lit.
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Amid concerns over the influence tech companies wield, States are starting to insulate their economies from perceived foreign risks of influence, while seeking to champion home-grown tech juggernauts. See, e.g., China-Saudi Arabia BIT, Article 8(2) ; China-UK BIT, Article 7 ; China-Japan BIT, Article 11(2).
The government has promoted public participation in procurement monitoring, which is vital to combating corruption and improving efficiency, but few independent civil society organizations and individuals had the information, skills and influence to track contracting effectively.
This step, however, to some extent, is mitigated by those more restrictive provisions that are influenced by Shariah law in Saudi legislation. Instead, it encourages amicable settlements wherever possible (Article 13, FIL). Remarkably, the FIL does not prescribe a specific dispute resolution mechanism.
10) are captured in the Protocols to the Convention; additional Protocols may be adopted in accordance with the procedure detailed under Article 10. Article 2 sets out the six Protocols—A, B, C, X, Y, and Z—currently under consideration, grouping them into two categories. Examples described as “illustrative” (para.
The previous four Cost Corner articles addressed the Cost Principles pertaining to the general criteria for determining the allowability of costs, direct and indirect costs, accounting for unallowable costs, and penalties for unallowable costs.
Implementing an HHS-wide strategy to support greater enforcement and accountability. For a more detailed analysis of the proposed rule, please read the “View from Main Street” article below. Prioritize as a key contract consideration the handling of data, including procedures for data management, accountability, and access.
The second measure is to implement a Global Minimum Tax on corporates so that the accounting profits of multinationals are subject to an effective minimum tax rate of 15%. It should be noted that the calculations are influenced by the absence of data by company and are only available at country level as of 2017 for five jurisdictions.
This article breaks down the DFAR compliant regulations, detailing the steps to achieve compliance and the risks of non-compliance, providing a roadmap for contractors to safeguard sensitive data in line with the Department of Defense’s stringent requirements. This is where regular cybersecurity training and education come into play.
The Joint Notice is a response to questions arising out of a recent change to SBA regulations and a subsequent Government Accountability Office (GAO) decision. View the full article If security work is not the primary purpose of the contract, the Joint Notice provides for the possibility that only one JV member would need an EED (i.e.,
Finally, the Committee contemplated adjustments in contracting to account for the infrastructure needed for continuous AI model training. He viewed the federal procurement process as offering an opportunity to influence standards/frameworks for AI development/deployment. View the full article
For instance, the recitals in the settlement agreement explicitly state that Verizon received credit under DOJ’s guidelines for taking disclosure, cooperation, and remediation into account in False Claims Act cases as set forth in § 4-4.112 of the Justice Manual. View the full article
Far from being an exhaustive account, it focuses on French court decisions in the areas identified below. French courts continue to exercise full control over tribunals’ jurisdictional decisions under Article 1520(1) of the French Code of Civil Procedure (the “CCP”).
Arbitration Dynamics in the Two Regions Hjordis Birna Hjartardottir was the first to provide an arbitration analysis of the region, noting that, in 2022, the CEE and CA regions accounted for 10.5% Hjartardottir noted that they see a rise in cases involving anti-arbitration injunctions issued by Russian courts on the basis of Article 248.1
This also stands confirmed by earlier reporting on the Blog here , which could be said to overreport on the scope of the amendments introduced by the Amendment Law as a result of it setting out in full the text of the entire articles (as opposed to the individual provisions) of the FAL that have been amended. the FAL as amended]” ).
For instance, the IBA Report notes that the Morocco Model BIT prevents investors and investments from initiating dispute settlement under its provisions if they have not complied with anti-money laundering, bribery, corruption, and anti-terrorist standards outlined in Article 19 of the Model BIT (IBA Report, pp. (IBA Report, p.
Influenced by civil law practice, these rules stand out for its requirements of tribunals to offer preliminary opinions on factual and legal issues, thus facilitating settlement discussions based on case strength and enhancing arbitration efficiency. The focus is to ease access to Japanese courts for enforcing arbitration awards.
In that same year, disputes with Brazilian state entities accounted for at least 36 new arbitrations. This is why we’ve detailed our positions in a comprehensive article in Portuguese, with an English extended version on the horizon. Contrastingly, BRAMIA allows some state and social control over dispute proceedings.
In that same year, disputes with Brazilian state entities accounted for at least 36 new arbitrations. This is why we’ve detailed our positions in a comprehensive article in Portuguese, with an English extended version on the horizon. Contrastingly, BRAMIA allows some state and social control over dispute proceedings.
History of the user experience: ( read this article in French ). They will want their user experience to take this into account with a greater or lesser number of mobility options or a solution that adapts to different devices, such as a desktop PC or a laptop, as well as a smartphone or a tablet.
This was a crucial issue and the outcome of this case could have provided much needed clarity on the extent to which the Commission does, and indeed must, take procurement law into account in the assessment of State aid measures that involve the award of public contracts. The Court took a markedly different approach.
Cost Accounting Section 802 amends 10 U.S.C. Although consolidation of the DIB has been an area of increased regulatory focus in recent years, the Government Accountability Office (GAO) released a report in October 2023 finding that DoD lacked sufficient resources and insight to perform its M&A monitoring and assessment function.
This article breaks down the essential rules every contractor needs to know. Governed by a comprehensive set of laws and regulations, this process ensures fairness, transparency, and accountability. The FARs dynamic nature allows it to evolve with the changing needs of federal procurement, influenced by various government agencies.
Similarly, the proposed Federal AI Governance and Transparency Act focuses on creating federal standards, consolidating other existing laws that impact AI, and establishing AI transparency and accountability. The House Committee on Oversight and Accountability has considered this bill and voted on a markup. View the full article
The author of numerous trade journal and online magazine articles, he is CISM (Certified Information Security Manager) and PMP (Project Management Professional) certified. Since joining Fortinet, Jim has been named a “Fed 100” and a “Pinnacle” awardee for his influence on technology in the U.S.
The Memo mandates that the agencies ensure that their staff is adequately trained to assess and oversee the AI, as well as provide additional human oversight and accountability when the AI is not permitted to act due to a rights- or safety-impacting issue that requires human mitigation. View the full article
The author of numerous trade journal and online magazine articles, he is CISM (Certified Information Security Manager) and PMP (Project Management Professional) certified. Since joining Fortinet, Jim has been named a “Fed 100” and a “Pinnacle” awardee for his influence on technology in the U.S.
Denton highlighted in his opening remarks, the timing of this year’s Conference coincided with the United Nations General Assembly, an auspicious reflection of the ICC’s history as a steadfast institution providing neutral, transparent, inclusive, and accountable multilateral platforms for the past 100 years and the century to come.
31] Generally speaking, the PCE is based on the national income and product accounts (“NIPA”) data which BEA uses to determine GDP. [32] 36] Specifically, unlike the CPI, the PCE does not merely account for goods and services purchased by a consumer, but also purchased on the consumer’s behalf (e.g., households. [38] households. [38]
companies and investors assessing the risks of prospective investments in China should take into account not only the imminent U.S. View the full article In light of the Executive Order’s singular focus on China as a “country of concern” and the ongoing geopolitical tensions between the U.S. investment is terminated or withdrawn.
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Key Amendments to QICCA Arbitration Rules Consolidation and Joinder Provisions A major change in the 2024 Rules is the introduction of Articles 10 and 21 , which allow consolidation of multiple arbitrations and joinder of third parties. Article 10 of the 2024 Rules introduces a new mechanism for consolidating arbitrations. Article 4.9
This article reports on the second day of the JCAA Arbitration Days, held in hybrid format on 21 November 2024. Yoshimi Ohara (Nagashima Ohno & Tsunematsu, Tokyo) considers the seat to be important because it influences the style of arbitration, which is often shaped by the court practices of the jurisdiction.
Although carefully taking into account (and siding with) the ICC Courts decision to disqualify the chair, the Court conducted its own de novo assessment. Finally, in 2024, French investors lodged investment claims against Belgium and Mexico.
Niamh Leinwather , discussed the media’s influence on arbitration. The discussion of the panel was focused on the media’s influence on arbitration. Mr. Bichara shared his insights on the media’s influence based on his experience in sports arbitration. The first panel, moderated by Ms. Rekha Rangachari , Ms.
stockpiles of defense articles. Foreign ownership, control, or influence. The NDAA Conference Report requires DoD to brief Congress on tools it employs to mitigate the risks of foreign ownership, control, or influence within the defense industrial base. In response to the materiel shortages that were made apparent by U.S.
In 2023 , Latin American states accounted for 35% of ICSIDs new cases, and Latin American private parties were among the most frequent users of ICC arbitration. The reasons for this are largely historical: many Latin American legal systems are modeled on, or have been deeply influenced by, the French Civil Code.
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