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The Supreme Court of Iran has rendered a historic decision, providing insight into the proper interpretation of Article 139 of the Iranian Constitution concerning administrative approvals for agreements to arbitrate, which has been considered to be a major hurdle to arbitration in Iran. Law will specify the important cases intended here.”
Whistleblower advocates are calling on members of Congress to include the IRS Whistleblower Program Improvement Act as a part of the Tax Relief for American Families and Workers Act of 2024 , the large bipartisan tax bill currently being negotiated in Congress. Kohn called for the passage of the bill in an article for Bloomberg Tax.
The Armed Services Board of Contract Appeals (Board) recently issued notable reminders to contractors regarding its jurisdictional authority and the importance of timely filing claims. The contractor was, for example, free to submit a protective claim while the parties continued to negotiate an amicable resolution.
This article seeks to disentangle these overlapping terms by examining the tools and methods that are often used interchangeably. However, it is important to recognize that solicitation tools are distinct from procurement methods. Policies governing Shopping typically require quotations from at least three vendors.
This article covers how a small business government contractor can qualify, find opportunities, and thrive in this space. GSA Schedules GSA Schedules, also known as Federal Supply Schedules (FSS), offer small businesses a platform to access federal contracts without continuous individual negotiations. Why is DCAA compliance important?
In the dynamic realm of global public sector contracts, the essence of cultural awareness transcends mere compliance; it’s a pivotal catalyst for fostering effective communication, enhancing negotiation prowess, and ensuring equitable service delivery across diverse populations.
Important discussions on international arbitration are formulated at an ever-increasing number of conferences, symposia, and events; keynote addresses set out thought-provoking proposals; the number of journals and reviews specializing in international arbitration has greatly proliferated; and even online blogs produce short yet interesting posts.
India formally objected to Pakistan’s unilateral application to the PCA for arbitration and called for modifications to the IWT under Article XII(3) of the IWT. Article IX, IWT ) Seemingly, Pakistan bypassed the graded mechanism and directly escalated the dispute to the third stage.
In this article, we’ll explore key aspects of government construction projects and provide insights to help you secure contracts and achieve success. However, navigating the complex world of public sector contracting can be challenging.
How domestic courts approach challenges to arbitration awards is of increasing importance as foreign parties often decide to seat an arbitration in a jurisdiction that they believe will provide the greatest stability to governing the arbitration process.
Scope of Application Differently from traditional investment agreements, the stated purpose of the SIFA is not only to foster foreign direct investment (“FDI”) (Article 1), but also to do so in a manner that integrates environmental and labour standards, transparency, and corporate social responsibility.
The model AI clauses have been developed by reference to the (future) obligations arising from the EU AI Act currently under advanced stages of negotiation. Remarkably, most requirements will be limited to ‘high-risk AI uses’ as defined in its Article 6. This has been heavily criticised in a recent open letter.
This article will explore what is prime contractor roles, responsibilities, and the importance of prime contractors in government projects. Importance in Government Projects The successful realization of federal contracts greatly depends on prime contractors fulfilling their contractual obligations.
Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. Below, we cover a few important GAO decisions you should know from December 2023.
An Indeed boundary-setting article emphasized the point: “This can help you focus on other more important tasks and allow the daily operations of your workplace to run smoothly.” Teamwork also makes for a stronger team. ” Be Specific About How You Communicate. ” Establish Boundaries at Home.
In October 2023, the European Commission published a Non-Paper of Annotations to Model Clauses for Negotiation or Re-negotiation of Member States’ Bilateral Investment Treaties (“BITs”) with Third Countries (“Model Clauses”) (“Non-Paper”).
This article delves into the core concepts of Canadian contract law and examines their practical applications within the context of procurement. Additionally, any negotiations or discussions with suppliers must be conducted in a manner that does not inadvertently create a binding contract before the formal awarding process is complete.
The Arbitration Law contains some innovative provisions inspired by the UNCITRAL Model Law, constituting an important step towards modernisation. Instead, it encourages amicable settlements wherever possible (Article 13, FIL). Remarkably, the FIL does not prescribe a specific dispute resolution mechanism.
They remain an important battlefield for all relevant issues. 2 might be in breach of Article 26 of the ICSID Convention. These model clauses aim to serve as guidance for EU Member States when they negotiate (or renegotiate) their BITs with third countries (extra-EU BITs).
As the criticisms of ISDS intensify, this year’s panel focused on the importance and means of amplifying the voices of developing States in ongoing reform efforts at the multilateral level, such as in the context of UNCITRAL Working Group III (“WGIII”) , and at the unilateral, bilateral and regional levels.
Against this backdrop, some important lessons can be drawn for practitioners. Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. It does not give unfettered discretion to the court to adjudicate outside the ambit of Article V(2)(b).
While the parties negotiated whether to implement the Navy’s proposed corrective action, Konecranes made the correction it deemed necessary in order to continue making progress on the four cranes. View the full article During a subsequent government inspection, the Navy discovered significant damage to the crane’s luffing drum.
1444 of 2022 of 6 July 2023, which underlined the importance of respecting party autonomy in upholding arbitration agreements. Functional Jurisdiction of the Competent Court The Appellant’s second challenge concerned the interpretation and application of Article 226 of the UAE Federal Law No. Dubai CoC Case No.
A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. Fairbairn [1942]; Taylor & Anor v.
A withdrawal takes effect one year after the receipt of the notification of withdrawal by the ECT’s depositary under Article 47(2) of the ECT, leading to the UK’s withdrawal becoming effective on 27 April 2025 (as also noted in the ECT Secretariat’s press release ). At the same time, Article 36(1) lit.
But also when you’re dealing with the export of defense articles, you’ve got to deal with a whole other set of issues. company is going to obtain a commercial export license for those defense articles from the State Department, which will allow them to negotiate with and sell directly to a foreign government.
This article addresses the applicability of the FAR Cost Principles and their general criteria for determining the allowability of costs. Subsequent articles will address the allowability of selected items of cost. Documenting the negotiation process and rationale are critical for such transactions.
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.
The general importance of climate change-related disputes can be measured on the steady increase of cases which are being brought by environmental advocacy organisations or governments in anticipation of the massive costs related to adapting to or mitigating climate change. 2 O 285/15 Essen High Court).
The law governing the effects of insolvency in arbitration has become one of the most contentious topics in the negotiations. The draft provisions could be incompatible with article 20 UNCITRAL Model Law on Cross Border Insolvencies (UMLCBI ) Article 20 UMLCBI regulates the effects of recognition of a foreign main proceeding.
Efficient Record Management Turning to the second point of the checklist, the panel recalled the importance to have an efficient record management. One solution is for legal teams to establish record processes at the time contracts are being negotiated. Lawyers need to be on top on that.
After several months of negotiations and two Memorandum of Understanding (MoU) to try and resolve the problems, the contract was terminated by MOPC in February 2020. The tribunal reached this conclusion based in article 712 of the Paraguayan Civil Code, 2) Civil Code, art. 6) Article 5:106 – Terms to be given effect.
The following article discusses the various steps of contract management and its role in procurement efficiency. For a more complete description of Contract Management process click here Clear Language Clear and precise contract terms and conditions are important in contract management. But first a definition of efficiency.
Articles 11 and 22 of the Model BIT require investors to respect the indigenous communities’ biological resources, diversity, rights to intellectual property, traditional knowledge, and culture and to allow those communities to file amicus curiae briefs in arbitrations. Similarly, Article 46.1
She highlighted the importance of establishing clear obligations, noting that the Code sets out a non-exhaustive list of “risks of behaviour” which might suggest a lack of independence or impartiality. He observed that for India to pursue its goal of stable economic development, it was important to instil confidence amongst investors.
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). Soft skills, such as perceiving and responding to implicit cues, are important for fostering an empathetic and responsive dialogue.
Recently, however, investor-state dispute settlement (ISDS) tax-related cases face existential risk from the side of important actors such as world’s major economies (e.g., billion, Cairn v India – excess of US$ 1.2 billion, and Stati and others v Kazakhstan – US$ 497 million. the India’s new BIT Model ) and international organisations (e.g.,
Under certain conditions, the EU says, well-designed subsidy schemes can make an important contribution to achieving climate transition and other environmental goals. extra import duties) aim to offset the benefits of subsidies to beneficiaries that export subsidized products. to its hydrogen industry. International Trade Commission.
This privatisation captured substantial public attention and scrutiny, given the importance of the services provided by CTT and the fact that these services had been rendered by public entities for almost five centuries.
s (Ludvik) pass-through claims during the parties’ settlement negotiations over the claims. This decision underscores the importance of clear communication and disclosure in contractual relationships, especially when one party is in a superior position to know material facts that could affect the other party’s decision-making.
This is important because jurisdictional requirements can be raised at any time—even years after the claim was filed and a full hearing on the merits was held—and result in dismissal of the case. View the full article
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. They serve as “a much-welcomed development”, “an important element of the ISDS reform process” and “a good roadmap for other areas of ISDS reform.”
As a procurement manager, you know how important suppliers are to your organization. In this article we’ll explore the available options and show the advantages and disadvantages of each. If the lead agency that negotiates the contract has more experience than your organization, you can benefit from their expertise.
This article, which compares public and private procurement, gives suppliers the confidence to move in both markets. Furthermore, private businesses have more flexibility in pursuing informal tendering procedures or direct negotiation with suppliers. However, private-sector procurement is much more flexible.
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