This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Therefore, he emphasized the need to find the right balance between the protection of these important public policy goods and promoting and attracting FDI to foster economic development and increase the standard of living. In sum, the main take away of this rich panel discussion was that the right balance must be found.
Key Takeaways Bidding on government contracts presents significant growth opportunities for businesses, especially small enterprises, with substantial revenue and credibility benefits. Balancing competitive pricing with maintaining profitability is critical when bidding on government contracts.
This includes both investment treaty negotiations as well as investor-state dispute settlement (ISDS) practices. In view of these developments, this blog post intends to analyze the feasibility of multilateral investment treaty (MIT) negotiations. What Are the Challenges in Negotiating MIT?
These sessions deliberated on the past, present and future of ISDS from an Indian and global perspective. Ashwita Ambast (Legal Counsel, Permanent Court of Arbitration) and Amit Sibal (Senior Advocate, Supreme Court of India) presented the state’s perspective on ISDS and how the mechanism could be reimagined. Where do We Stand?
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. This post encapsulates key takeaways from the webinar. Canada and E.U.
This article therefore discusses the importance of the rule of law in arbitration, evaluating how arbitration already defends the rule of law and provides some thoughts about balancing the rule of law in arbitration to avoid an antithetical outcome. All prospective contributions should be in accordance with the guidelines set out here.
He’s also a big proponent of ensuring the citizens absorbing rate increases clearly understand the value proposition of the additional cost, something he personally presented at more than 65 rate hearings during his tenure. I had two justifications I had to make every time I was presenting a rate increase,” says Hawkins.
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). Emotion AI can generate detailed behavior reports presented in a user-friendly format with visual graphs and data points.
Good business developers are able to communicate effectively, build trust, and negotiate effectively. Once you complete this course, you will have the knowledge, skills and confidence to – Balance a successful career with a remote lifestyle (flexibility!) Apply your highly transferable BD skills to any company (competence!)
In December 2016, the AU passed the Pan African Investment Code (“PAIC”) —the first continent-wide model investment treaty—to promote sustainable development and “achieve overall balance of the rights and obligations between Member States and the investors under the Code.” See Cargill v. Mexico , ICSID Case No. ARB(AF)/05/2, Award, ¶ 290.
To accommodate changing shopping behaviors and deliver experiences that delight customers, retailers will need to find the right balance. This spend area still presents a huge opportunity for procurement. Do they invest in automation and technology to enhance data-sharing between channels for a seamless omnichannel journey?
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. Gazprom (2022).
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. Guimarães Pereira and Leonardo F.
Such broad priorities require new supplier strategies, new information and a delicate balancing act between competing objectives. Protecting profitability in the face of inflation isn’t about squeezing suppliers in negotiations, but working together to find ways to reduce costs in the full value chain.
Rodrigo Bahia explained these put them ‘in line’ with the principles of the rest of the industry internationally which supports levelling the playing field for negotiations, even though the templates still present important concerns. It’s a balance. He queried whether we are “failing” the global south again.
After lengthy negotiations, on June 29, 2020, the parties agreed to annul the Contract, signing an agreement called “Termination and Cancellation Notice”. On February 6, 2020, the Buyer paid the Seller – as an advance payment and against the fixed price – the total amount of USD 101,250. The seat of the arbitration was Singapore.
Persuasion is a key element in any dispute, and to be able to present the case in the same language of any relevant document and relevant domestic legislation is a key factor. He also praised the balance achieved by the rules taking into consideration both states and investors’ interests.
The total costs, in terms of human lives, disrupted supply chains, ruined businesses and GDP impact, are still just projections in the array of charts presented daily by statisticians and data modelers. Balance Procurement Objectives. There are, however, already some clear lessons to be learned by Procurement and Supply Chain leaders.
Although the UN Report acknowledges this ongoing effort, it falls short in explaining why the changes being negotiated by states are deemed insufficient. By embedding these principles in IIAs, States are creating a legal foundation that can balance investor rights with the urgent need for environmental protection and social equity.
Ethical labour standards are non-negotiable, ensuring workers’ rights and well-being are protected throughout the supply chain. Aligning these goals with community priorities and adhering to legal requirements ensures a balanced approach.
The discussions were held under the Chatham House Rule, with each panelist presenting his or her insights, followed by a moderated Q&A session. Balancing the interests of investors and host states has become a focal point in these disputes, especially with the rising public scrutiny over climate change issues.
On a more granular level, types of government contracts include: Joint ventures Set-aside contracts Fixed-price contracts Incentive contracts Each presents a specific method of engagement with the agency. However, they present a higher risk for contractors, who must cover all incurred costs within the fixed fee.
18] And, for DoD, Defense Federal Acquisition Regulation Supplement (“DFARS”) 216.203-4 limits the use of the FAR EPA clauses to DoD contracts that exceed the simplified acquisition threshold (presently $250,000 with exceptions), and performance is longer than six months. [19] commodity/industry-specific portions of the PPI or ECI). [22]
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.
Facts In 2015, DJO was negotiating various contracts for the operation of a network of railway lines in India. Enforcing ethical standards in arbitration requires striking a balance between accountability and confidentiality. The DJO decision suggests that this balance may not be sufficiently well-struck.
He presented an overview of the institution’s recent achievements: 100 new arbitrations in 2024 alone, and a significant partnership with JusMundi to publish selected arbitration awards—more on that later. If you couldn’t make it or had to leave early (we’ve all been there), here’s what you might have missed.
Similar to previous years, Working Group IIIs work was presented to and finalized at the UNCITRAL Commissions 57th session , some of the outcome of which are presented below. 126-27), it will be crucial for stakeholders to maintain inclusive and transparent dialogue to build a more balanced and effective ISDS system.
I joined the Secretariat in 2021 during the then-ongoing negotiations to modernise the ECT. A significant focus in the negotiations on the modernisation of the ECT was dedicated to the economic activities, as well as energy materials and products covered by the Treaty. How has your experience been so far?
If a company already has a confirmed work plan for exploration, this should not present any difficulties. 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. According to Annex III, Art. 187(d) of UNCLOS.
Administratively, where applicable, the procuring Agency can invoke its rights under FAR Clause 52.215-2 (Audit and Records-Negotiation) to inspect contractor records to verify compliance with the Vaccine Mandate (review payroll records, vaccine records, exemption records, etc.). exercises an option, or issues a new order? Still enforceable?
In addition, VHA aims to continue the practice of achieving cost avoidance while simultaneously balancing clinician considerations for obtaining quality medical/surgical supplies. The training will provide lessons on innovative acquisition and field procedures and negotiation skills. 2024 Small Business Regulatory Year in Review, Jan.22
We organize all of the trending information in your field so you don't have to. Join 5,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content