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These and other constraints under the model law are commendable anti-corruption measures, but may make it more difficult to accommodate emerging “green procurement” approaches. The threshold challenge here is to ensure that there is sufficient information in the marketplace to make this kind of requirement workable.
This illustrates the possibility of an arbitrator getting influenced by his counsel role in other cases. Explicit recognition of this lower threshold in investment arbitration may prima facie appear to have resolved the complication arising out of the interpretation of the term “manifest” in Article 57 of the ICSID Convention.
Waiver of Execution Immunity Under the SIA The increasing acceptance of the doctrine of restrictive immunity has influenced how municipal courts treat arbitration agreements entered into by States and State-owned entities (“SOEs”). Here, Libya inadvertently agreed to its assets being attached to satisfy an adverse arbitral award.
More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe € 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata € 190
But, at the same time, the majority also referred to the NAFTA-style high threshold of gravity required to find a breach (referring to actions “unacceptable from an international law perspective,” paras. 128) and that the conduct of the Respondent was arbitrary, using a high threshold (paras.
The 2023 SCCA Arbitration Rules (commented on in a previous blog post ) increased the threshold amount in dispute for expedited proceedings to approximately USD 1.07 million – a response to the growing criticism directed at DIAC’s significantly lower threshold of around USD 270,000. million in value.
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. These changes have profound political, economic, and societal implications.
She offered a taxonomy of these disputes, based on the nature of the parties involved, their forum, and their legal basis, and she stressed that they have the potential to influence the conduct of both States and private actors.
For example, when we take a whole year of contracts after a transparency reform taking place in May, our estimation may be biased if a procurement regulatory reform happened 5 months later, such as a new reporting threshold introduced. However, the average number of received bids increases by 0.5 bids without direct contracts considered.
First, the panelists discussed the concept of “controlling influence”, which, as Dobrý pointed out, varies in practice, and is not limited to structural ownership and can manifest via the exercise of veto power or the power to appoint board members. Russia and Stati v. Republic of Kazakhstan ).
This provision of the NDAA seems targeted at bridging the communication gap between the agencies by requiring that the parties to a proposed transaction over the HSR threshold provide a copy of their HSR filing directly to DoD. Section 862 amends the Small Business Act, specifically 15 U.S.C.
For procurements exceeding specified thresholds, justification must document the effort to find alternative suppliers, listing unique technical requirements and companies contacted. A sole source purchase is justified when unique attributes or circumstances dictate that only one provider is capable of supplying the desired goods or services.
The reasons for this are largely historical: many Latin American legal systems are modeled on, or have been deeply influenced by, the French Civil Code. This proposed threshold for summary dismissal is the same threshold as in English court proceedings and, therefore, benefits from extensive case law explaining its meaning.
This streamlined approach provides efficiency for resolving less complex, lower-value disputes with QICCAs financial threshold of USD 264,000 comparable to Dubai International Arbitration Centre ( DIAC) but lower than Saudi Center for Commercial Arbitration (SCCA) and Bahrain Chamber for Dispute Resolution (BCDR ).
Key topics included how disputes are viewed within business and legal departments, cultural and structural factors influencing the adoption of arbitration, effective use of arbitration as a tool to facilitate settlement, and the use of third-party funding to mitigate the risk of arbitration.
The silence and sparsity of costs coverage in arbitral laws and institutional rules affords wide discretion that result in reliance on customary arbitral norms and practices influenced by national legal cultures and training. The report observes that only two of the 23 applications for security for costs yielded success.
The outcomes of 2024s deliberations are poised to influence ISDS reform efforts in 2025 and beyond. More from our authors: Dealing with Bribery and Corruption in International Commercial Arbitration: To Probe or Not to Probe by Emmanuel Obiora Igbokwe 190 Arbitration in Egypt: A Practitioner's Guide by Ibrahim Shehata 190
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