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The Court considered that “the suggestion that it was unnecessary to call any expert witnesses was plainly not an expression of a balanced and impartial view, or merely a concern about the hearing over-running, or an attempt by the arbitrator to impose an orderly and economical procedure on the parties.”
This option is currently of particular importance, as inflation has been high, surpassing 15% in most emerging markets and reaching the highest average levels in the last 25 years in advanced economies. We also found two other important features, which are reflected in Figure 1.
Will businesses go backwards due to necessity and survival or will they step up and push forward to go further and faster to achieve the right balance? On the business side, it may question the raison d’être and bring focus to finding the right balance between society, the environment and the economy. Balancing the Imbalanced.
government is the largest purchaser in the world, significantly influencing the purchasing landscape. Balancing competitive pricing with maintaining profitability is critical when bidding on government contracts. What is the importance of registering in SAM for government contracting? Government agencies as major buyers The U.S.
In this context, he pointed out that the extent to which parties are prepared to fund the arbitration process (“ which price they are willing to pay” ) can significantly influence the tribunal’s ability to thoroughly address the complexities of the case. Confidentiality – Just Another Outdated Concept?
Supply Chain Transformation is ongoing but never more important than in 2021. The impact of all of that is that organizations are actively creating geographical supplier diversity within their supply chains, to strike a better balance between cost reduction and agility,” he said. What Will Impact Procurement Processes in 2021?
I mean, it’s an important program. So, this is an important project for them. Not a source selection person necessarily, but an influencer, an adviser deep in there. Zach Prince That’s right. And the initial award, the MD phase, I think it was maybe $50 million. So, it’s not huge. Zach Prince Yeah.
The experience with the implementation of fiscal rules in Latin America and the Caribbean (LAC) shows that compliance with fiscal rules is far from perfect, and understanding the multiple factors that influence compliance is key to enhance the effectiveness of this instrument to promote the sustainability of public finances.
He observed that the more critical a service is to someone’s life, the more anxious that person will feel, and choosing technology to facilitate smooth experiences is important. Planning Ahead Agencies must anticipate what constituents may need next week or year, and how services provided today will influence lives in 10 to 15 years, he said.
These clauses, designed to provide temporary flexibility from strict fiscal targets during crises, aim to strike a balance between upholding fiscal rules and effectively responding to unexpected circumstances. Influence on Compliance: a clearly defined activation timeline is pivotal in post-escape clause compliance.
This ICCA Congress had as its theme “International Arbitration: A Human Endeavour,” which highlighted arbitration as a human activity and the importance of arbitration in human society. Referring to his seminal book ( Dealing in Virtue , 1994), Garth discussed the role and importance of people in developing arbitration.
Over the past two decades, a growing number of Latin American and Caribbean (LAC) countries began adopting fiscal rules to limit overspending influenced by election cycles, public pressure, and other political economy factors, helping the region strengthen its fiscal solvency and sustainability.
Fernando Marcondes discussed the importance of contract planning, emphasizing that it is essential for pricing and execution. Hemmingsen highlighted the importance of considering case law in the construction’s location, as the definition of damages can vary by country. She cited an ICC case Refinería de Cartagena S.A.S.
Panama’s decision to terminate a contract was influenced by the Claimants’ failure to provide the necessary operational expenses to support their change order requests. The Tribunal emphasized the importance of cross-examination in its findings, highlighting the potential harm associated with a failure to cross-examine in such cases.
However, the focus on delivering a conventional energy business in a value-focused way has led to more disputes due to finely balanced economics and resource shortages. The panel also stressed the importance of delivering on environmental and cultural commitments in order to build positive relationships and avoid disputes.
Efficient Record Management Turning to the second point of the checklist, the panel recalled the importance to have an efficient record management. The panel agreed that standard clauses are simple enough, and should be adapted only when there is a specificity in the case. Lawyers need to be on top on that. How Arbitrators Are Picked?
Together they share tool management and versatility, the importance of standards in automation, and resources freely available to any agency. In this week’s episode of Feds At the Edge, we gather leaders who have decades of experience in optimizing the performance of an SOC.
This has important implications for tax policies currently applied in countries, forcing governments to re-evaluate current tax rates and incentives to attract foreign investments. Influenced by legacy foreign direct investment policy practices, governments often prioritize lower taxes to stimulate economic growth and attract investment.
Mr. Vasconcellos stressed the importance of carefully drafting these clauses to avoid interpretative confusion in case of disputes. She emphasized the importance of precise language to avoid ambiguities. In closing, Professor Armesto predicted that arbitration would become increasingly influenced by climate change concerns.
Paulsson further emphasized the need to maintain ethical standards and avoid the pitfalls of professionalizing arbitration too much, which could lead to a system where decisions are influenced by factors other than merit.
Ultimately, it is about finding a balance between giving parties a reasonable (but not exhaustive) opportunity to present their case (and evidence) and resolving the dispute in a time- and cost-efficient way. Finding this balance is far simpler in theory than in practice, as an examination of the different types of evidence reveals.
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. This will enhance the important progress achieved to date.
The ART has the potential to significantly influence the strategies and outcomes of arbitration cases, which makes it a subject of considerable interest among legal professionals. Given the importance of this novel dimension, this article discusses the objectives of the ART, its merits, potential challenges, and its impact on arbitration.
It is important to note that suppliers’ use of AI is not prohibited during the commercial process but steps should be taken to understand the risks associated with the use of AI tools in this context, as would be the case if a bid writer has been used by the bidder.’ 57(8)(i)(ii) PCR2015 and sch.7 7 13(2)(b) PA2023). And then enforcing them!
How do you balance the multiple competing demands on your time? The answer of my family and my assistants concerning the balancing would probably be: not very well. So far, it has worked … but there is definitively room for improvement.
To Cózar, understanding this concept of disruption is of utmost importance since this will guide the scope of the dispute. Kudrna added that the Czech Republic recently faces new challenges connected with climate change and the developing economies’ balance between compliance with international norms and treaties (e.g.,
And the folks that do what I traditionally assembly integration and test are influencing some of that design capability. Getting a proliferated war fighter space architecture is more important than trying to get it out there fast to meet the threat profile that we all live in today. Is it pointing to the ground to take some imagery?
The divergent conclusions reached in these decisions invite an analysis of the principled bases of this remedy and how they influenced their outcomes. The divergent outcomes may be attributable to a difference in emphasis as to how those principles were conceptualised and balanced.
Unfortunately, however, no matter how dreadful the influence peddling and raw pecuniary corruption might have been, it is not even the gravest of the English High Court’s revelations – nor is it the real answer to the $11 billion dollar question. Outcome preference is known to be the most important determinate of choice in ambiguity.
Opening Remarks & Welcome Address Opening the symposium, Ms Gloria Lim (Chief Executive Officer, SIAC) emphasised the importance that SIAC places on collaboration with its partners and users from all over the world, and expressed her hope that the SIAC Symposium would serve as a focal point for the global arbitration community to exchange ideas.
We balanced these considerations for and against applying a longer time-frame by selecting one year before and after the transparency intervention which limits the incidence of confounding factors while also taking care of seasonality biases. Our interventions were selected specifically to keep data quality constant.
Arbitrations evolution has intensified during the time of my editorship and has influenced the ways in which public discourse on arbitration is currently conducted. While originally the new ideas in international arbitration were introduced mainly by a few academic reviews, todays thought-leadership takes a variety of forms.
Both panelists stressed the importance of understanding a client’s goals in arbitration and the importance of knowing the facts necessary to prove a claim. Acknowledging that connections play an important role in arbitrator selection, Ms. The discussion then turned to the promotion of young and diverse arbitrators.
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. Canada and E.U.
You’ll also compile inventories, evaluate products, influence workforce development, prioritize projects, remove barriers, document use cases , assess performance, implement internal controls, and ensure your agency’s AI efforts comply with a host of existing laws and policies. But wait, there’s more!
The challenges that civilian agencies must overcome are different than those facing the Department of Defense, for instance, while the components of the Department of Homeland Security often must balance their security requirements against their law enforcement or emergency services missions. A graduate of the U.S.
This creates a regulatory gap —or rather a laissez faire environment—whereby the public sector is allowed to experiment with the adoption of digital technologies without clear checks and balances. And there are attributes or properties influencing the interpretability of a model (eg clarity) for which there are no evaluation metrics (yet?).
Factors which influence outsourcing: Smaller public entities, in terms of budgets, typically do not fund staffing resources for procurement. Risks: There are inherent risks in outsourcing procurement, as with any other important function. The balance between savings and values needs to be part of the conversation.
Further, the importance of planning for budget overruns was discussed, given the unpredictable nature of investment claims in terms of their duration and cost. Although advisory opinions are non-binding, they are intended to influence domestic and international litigation.
This thus allows for increased efficiency in arbitral proceedings administration and the dispute resolution process, and the achievement of a greater balance between the right of countries to impose sanctions and the sanctioned parties’ rights in international arbitration.
The State aid Decision made two important explicit points. It is worth recalling that Auroux (C-220/05, EU:C:2007:31 ) concerned a case involving the signing of an agreement between a municipality and a special purpose vehicle with separate balance sheet to run a re-generation programme.
Stefan Deaconu (Court of International Commercial Arbitration, the Chamber of Commerce and Industry of Romania) emphasised the importance of maintaining trust in the arbitral process, tracing back to ethics, legitimacy, and personal reputation. of the VIAC Rules ). Smeureanu discussed expropriation protections.
Leveraging arbitration’s strengths can ensure smooth integration of data privacy protection in our interconnected world, balancing individual rights with the ever-growing demand for data. Therefore, any proposed dispute resolution mechanism should permit balancing privacy rights and public interests.
In 2023, investor-State dispute settlement (ISDS) reform has been influenced by growing concerns over climate change and state responsibility. This gap would need to be filled by a combination of international, regional, and domestic legal frameworks that are layered to balance risk management and investment protection.
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