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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.
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.
Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted. This article critically analyses the extant conflict resolution mechanisms under the Africa Continental Free Trade Area (AfCFTA) Protocol, noting its strengths and weaknesses.
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.
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.
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 will explore what is prime contractor roles, responsibilities, and the importance of prime contractors in government projects. Adherence to the Federal Acquisition Regulation (FAR) and maintaining thorough documentation are non-negotiable requirements.
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. a negotiation period, time limitations, or excluded disputes).
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. Canada and E.U. countries, are by far the most vocal participants in the discussions.
Under article 14, §1 of the Brazilian Arbitration Act (“BAA”), arbitrators bear the duty to disclose “ any circumstances likely to give rise to justifiable doubt as to their impartiality and independence ”. In: WEBER, Ana Carolina; LEITE, Fabiana de Cerqueira (org.). 73/1993 and n.
Section 180.860 adds as a factor influencing a debarment decision, “whether [an entity’s] business, technical, or professional license(s) has been suspended, terminated, or revoked.” View the full article Subrecipients must also submit a copy of any written disclosure to the pass-through entity.
The dexterity to combine different ADR services allows dispute resolution tools to be tailored to the dispute and parties at hand, and may give parties the best chance of a negotiated settlement, alongside an opportunity to maintain their business relationships. AI is developing at an exponential pace.
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.
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.
Any number of factors can influence that multiplier, from the perceived strength of the claims and defenses, the overall value of the matter, and more. Here, the settlement agreement identified $2,727,545 as the single damages ( i.e., restitution) amount and $4,091,317 was the negotiated settlement total. View the full article
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.
These percentages are the result of political negotiations and, consequently, debatable, particularly since knowledge mega-enterprises look set to become ever larger in the future and will reside mostly in developed economies, limiting the laudable redistributive function. billion a year.
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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.
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.
History of the user experience: ( read this article in French ). As we saw at the beginning of this article, a user experience depends first of all on the characteristics of the proposed software solution. The user experience issue emerged in the seventies with the spread of information technology to the masses.
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This article cuts through complexity to address when sole sourcing is necessary, the justification process, and how to manage the associated risks. Fair pricing in sole source procurement is ensured through supporting documentation for cost justification, price analysis, and negotiation of profits as a distinct element.
Silva (ExxonMobil Corporation) emphasized that even smaller cases have the potential to significantly influence international rule of law. When it comes to upholding the rule of law in international arbitration disputes, Eugene J. Rule of law is also a question of transparency.
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opposition to granting China “developing nation” status in treaties under negotiation and by international organizations of which the U.S. It is unclear whether Congress will seek to codify the EO, negotiate new language addressing perceived gaps in the EO, or take some other tack.
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. federal contractors and suppliers).
This article provides an overview of Mongolia’s international investment climate and explores recent developments. 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. Mongolia’s International Investment Climate A.
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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?
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This suggests that the elements that relate to procurement, discussed below, may be referenced by the United States in ongoing bilateral or regional negotiations regarding the comprehensive reciprocal tariffs announced on April 2, 2025 (“Liberation Day”). Many elements of the comprehensive report were delivered ahead of schedule.
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