Kluwer Arbitration

MAY 5, 2024

In this regard, states and stakeholders would have to work on finding a more balanced approach which takes into account public participation, transparency and steps to make it more legitimate in the eyes of public. Rowley, KC observed that treaties have to be negotiated like contracts. Where do We Stand?

Balance 52

Balance Negotiation Sustainability Accountability 52

Kluwer Arbitration

MARCH 31, 2024

After lengthy negotiations, on June 29, 2020, the parties agreed to annul the Contract, signing an agreement called “Termination and Cancellation Notice”. The Seller was not notified of the arbitration proceedings, failing to comply with the requirement in Article 36 of Law No. The seat of the arbitration was Singapore. of the CPC.

Buyers 52

Buyers Balance Price Contract 52

Kluwer Arbitration

NOVEMBER 28, 2023

The offer of arbitration contained in Article XI gives the investor a choice to submit the dispute to the local courts, ICSID arbitration or the Additional Facility, and if none of the former is available, arbitration under the UNCITRAL Arbitration Rules. On the basis of Article 31.3.c) c) of the VCLT ” (See para.

Negotiation 59

Negotiation Balance Contract Manufacturing 59

American City & Country

AUGUST 29, 2024

That said, the best procurement teams are great at finding the balance between leveraging vendor expertise while staying impartial in their decision making. Editor’s Note: This article originally appeared in the Sept. A note on Tesla However, not all vendor partnerships are without challenges.

Procurement Team 52

Procurement Team Total Cost of Ownership Sustainability TCO 52

Kluwer Arbitration

FEBRUARY 10, 2024

But unlike the fair administrative treatment in the PIA, the standard under Article 14 does not, at least explicitly, protect investors from arbitrary or manifestly arbitrary measures. In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force.

Balance 52

Balance Negotiation Thresholds Ethics 52

Kluwer Arbitration

FEBRUARY 19, 2024

Professor Giorgetti also noted the lengthy negotiation process of the Codes and underscored the potential for divergence in ethical rules arising from their bifurcated nature. For others, there is a growing risk of disputes as States balance investor obligations with environmental commitments.

Balance 52

Balance Negotiation Ethics Import 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). On balance, emotion AI should be embraced, albeit within responsible and ethical boundaries.

Efficiency 52

Efficiency Ethics Negotiation Participation 52

Kluwer Arbitration

DECEMBER 4, 2023

Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. It’s a fine balance. This is why we’ve detailed our positions in a comprehensive article in Portuguese, with an English extended version on the horizon.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

DECEMBER 4, 2023

Arbitration clauses are suited to individual investments, included by the host State in tenders or contracts, and can be readjusted or negotiated later. It’s a fine balance. This is why we’ve detailed our positions in a comprehensive article in Portuguese, with an English extended version on the horizon.

Balance 52

Balance Transparency Contract Tender 52

Kluwer Arbitration

MARCH 20, 2024

One solution is for legal teams to establish record processes at the time contracts are being negotiated. The negotiation team being most of the time different from the executing team, gathering all relevant knowledge about a case or a contract requires an in-house counsel to grab information from other persons involved in the project.

Import 52

Import Efficiency Negotiation Tender 52

Import and Trade Remedies

AUGUST 30, 2023

For example, the submission proposes that the current prohibition under Article 3(1)(b) of the SCM Agreement against conditioning access to subsidies on the satisfaction of local content requirements should not apply to developing country Members, provided that the use of domestic goods does not exceed a threshold to be agreed by Members.

Export 40

Export Negotiation Manufacturing Import 40

Kluwer Arbitration

FEBRUARY 24, 2024

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.

Sustainability 52

Sustainability Corruption Balance Influencing 52

Kluwer Arbitration

APRIL 2, 2024

Also, (ii) Worley allegedly violated the Ecuadorian law by misrepresenting its intention to comply with the 30% subcontracting limit mandated by Article 87 of the Public Procurement Law and subsequently breached this limit. Here, the Tribunal adopted a balanced standard as developed in Sanum v. million contract. Laos (PCA Case No.

Corruption 40

Corruption Bidding Balance Public Procurement 40

Inter-American Development Bank

MAY 31, 2022

The administration of the tax would require a single tax return (consolidated balance sheet of the mega MNE) to be filed with the tax authorities of the country where the ultimate parent company is domiciled, and the information would be shared with the other countries.

Thresholds 52

Thresholds Distribution Electronics Accountability 52

Government Contracts Legal Forum

SEPTEMBER 29, 2023

The shutdown could slow the implementation of the administration’s Medicare drug price negotiations (set to begin October 1, 2023), and could threaten HHS oversight of the Medicaid “unwinding” process, as states reevaluate the eligibility of enrollees. View the full article

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Government Government Contract Insurance 40

Procurement Notes

OCTOBER 10, 2022

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. Starting with his May 25, 2022 guidance , Mr. Tenaglia wrote the following.

Government 40

Government Government Price Contract 40

The Coalition for Government Procurement

NOVEMBER 2, 2023

This “internal” guidance outlines a host of evaluation and negotiation directives, standards, and considerations for FSS contracting officers. The PAP includes other directives and guidance that raise questions regarding equity and balance in the evaluation and negotiation of FSS pricing terms.

Supply Chain 52

Supply Chain Price E-procurement Contract 52

Kluwer Arbitration

NOVEMBER 4, 2023

Ongcangco stressed that ADR clauses in borderless contracts should be non-negotiable, as availing of traditional dispute resolutions is impossible. As clarified, Section 181 only applies to disputes that arise from implementation of articles of incorporation or bylaws, and those which arise from intra-corporate relations.

Purchasing 52

Purchasing Participation Efficiency Influencing 52

Federal News Network

FEBRUARY 15, 2024

If there was a balance in the regulation where social impact and price and technical proposal and past performance, if all of those were weighted equally, then the government would truly get the best value and the best benefit from each of those contracts. A lot of those things are now becoming a priority and a requirement of the program.

Procurement 95

Procurement Price Thresholds Contract 95

Kluwer Arbitration

FEBRUARY 5, 2025

I joined the Secretariat in 2021 during the then-ongoing negotiations to modernise the ECT. Since the signing of the ECT on 17 December 1994, the Government of the Portuguese Republic has served as the ECTs Depositary in line with Article 49 [(Depositary)] of the Treaty. How has your experience been so far?

Negotiation 52

Negotiation Sustainability Contract Finance 52

Kluwer Arbitration

FEBRUARY 17, 2025

For instance, Article 95 of the CTL codified the duty of good faith, which may apply where there is an element of discretion involved on the employer’s part (such as when determining claims). Additionally, Article 97 of the CTL allows the court to adjust a burdensome obligation in exceptional unforeseen circumstances.

Price 52

Price Supply Chain Balance Negotiation 52

Kluwer Arbitration

NOVEMBER 15, 2024

Finally, Thierry Tomasi shared his experience with investment funds in France, noting how cultural differences can shape disputes, particularly around contract negotiation and document production. He also expressed curiosity about the effectiveness of the “ carta arbitral ” in facilitating communication between arbitral tribunals and courts.

Negotiation 52

Negotiation Import Efficiency Integration 52

Kluwer Arbitration

DECEMBER 4, 2024

TPP was the primary entity responsible for negotiating the terms of the Agreement and played a central role in its execution. TPP’s active and leading involvement in the negotiation and implementation of the project, coupled with an amendment that TPP signed as a party, further solidified its status. f) limited claims to Greenfield.

Contract 52

Contract Negotiation Transportation Transportation 52

Kluwer Arbitration

JANUARY 20, 2025

The Working Group III, during its 47th and 48th sessions (succeeding the 43rd and 46th discussions), discussed the draft statute of the Advisory Centre, which, per articles 6 and 7 of the draft statute, has the mandate of capacity building and provision of legal support and advice with regard to an international investment dispute proceeding.

Balance 52

Balance Finance Capacity Budget 52

Kluwer Arbitration

MARCH 24, 2025

However, per the wording of the provision, it only covers the rejection of a contract or a legal issue arising during the negotiation of the contract with a future contractual partner. Final regulations on exploitation have not yet been made, but Annex Section 1 No. 187(d) of UNCLOS. Since the other conditions set out in Art. 189 of UNCLOS.

Influencing 52

Influencing Balance Negotiation IT 52

Kluwer Arbitration

JANUARY 15, 2025

Under Article 25(1) of the SCC Rules, unless agreed upon by the parties, the Board shall decide the seat of arbitration. Each decision is tailored to the specific circumstances of the case, ensuring a balanced, competent, and diverse tribunal. Two languages to come soon are Uzbek, Romanian, and Portuguese.

Efficiency 52

Efficiency Participation Quality Corruption 52