Corruption, Negotiation and Thresholds - Public Procurement Central

Pakistani Energy Sector Parties Challenge Arbitration Awards in the English High Court on the Grounds of ‘Serious Irregularity’

Kluwer Arbitration

JULY 17, 2024

Serious Irregularity The leading authority on Section 68 challenges is RAV Bahamas Ltd and another v Therapy Beach Club Inc [2021] UKPC 8 , which prescribes that intervention should be limited to ‘extreme’ cases and that the test of serious irregularity imposes a ‘high threshold’.

Thresholds

Thresholds Import Contract Negotiation

Recent Dubai Court of Cassation Judgments: Is Arbitration an Exceptional Means of Resolving Disputes?

Kluwer Arbitration

FEBRUARY 12, 2024

It explained that in typical contract negotiations, once the parties’ proposed terms are accepted, a binding contract is formed. However, in the case of adhesion contracts, one party presents non-negotiable terms, which the other party can either accept or reject in its entirety.

Distribution

Distribution Thresholds Contract Negotiation

English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions

Kluwer Arbitration

MARCH 20, 2024

As shown above, the case has produced no fewer than three different answers by senior English lawyers and judges on two threshold points of English law: (i) whether English law contains general presumptions regarding the interpretation of contractual prohibitions on assignment; and, (ii) the proper construction of the clause at issue in this case.

Insurance

Insurance Contract Import Thresholds

Sole Source Procurement: A Guide to Single-Source Acquisitions

Select GCR

SEPTEMBER 3, 2024

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.

Procurement

Procurement Supplier Price Competitive Bidding

Seoul ADR Festival Recap: Empirical Data and Strategies for Recovery and Management of Arbitration Costs

Kluwer Arbitration

NOVEMBER 18, 2023

The panel noted that parties (including Japanese and Korean companies) who go through lengthy negotiations before the arbitration is commenced often can be unwilling to make a settlement offer once the arbitration is commenced. More coverage from Seoul ADR Week is available here.

Management

Management Data Negotiation Participation

Violations of Competition Law as Grounds for Setting Aside Arbitral Awards: Lessons from the Paris Court of Appeal in GBO v. CAI

Kluwer Arbitration

JUNE 11, 2024

Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. This regulation grants a safe harbor for vertical agreements under certain conditions (among others, a 30% market share threshold and the absence of “hardcore” listed restrictions).

Distribution

Distribution Price Negotiation Manufacturing

Turning up the Heat on Tech Investors: Navigating the New “Tech Cold War”

Kluwer Arbitration

JULY 30, 2024

Criteria for Treaty Protection Investors must ensure they meet the threshold conditions contained in the relevant treaties, including: (i) the definitions of a qualifying investor and qualifying investment; and (ii) other requirements (e.g., a negotiation period, time limitations, or excluded disputes).

Influencing

Influencing Thresholds Accountability Negotiation

The Faith of the Fair and Equitable Treatment Clause in Africa

Kluwer Arbitration

FEBRUARY 10, 2024

Such framing sets a higher threshold for establishing a violation of FET. In 2019, the African Continental Free Trade Area Agreement (“AfCFTA”), negotiated under the auspice of the AU, entered into force. This changed seven years later with the adoption of the Protocol on Investment to the African Continental Free Trade Area Agreement.

Balance

Balance Negotiation Thresholds Ethics

YSIAC Tokyo Event: Arbitration as an Advantage: Strategic Use of International Arbitration for Business Success

Kluwer Arbitration

JANUARY 18, 2025

Due to the short timelines of emergency arbitration proceedings, an application filed during an inconvenient time of year can compel even the most intransigent parties to come to the negotiation table. Mr. Park added that third-party funders may not consider disputes below a certain threshold.

Risk Management

Risk Management Negotiation Consulting Participation

Extending Anti-Suit Injunctions to Non-Parties to an Arbitration Agreement: A View From Singapore

Kluwer Arbitration

JANUARY 23, 2025

The SGCA clarified that the threshold for identifying vexatious or oppressive conduct is a high one. Arbitration clauses are often described as midnight clauses because, in practice, they may be included following minimal negotiations (as discussed here ).

Contract

Contract Participation Thresholds Negotiation

The Need to Secure Trust and Accountability in Arbitration: DJO v DJP or the ‘Copy and Paste’ Case

Kluwer Arbitration

DECEMBER 5, 2024

Facts In 2015, DJO was negotiating various contracts for the operation of a network of railway lines in India. To be clear, the authors take no firm view on whether the arbitrators conduct in DJO reaches this threshold of severe conduct warranting the disclosure of his name.

Accountability

Accountability Balance Import Tender

SCC Arbitration Institute Explores Security for Costs in International Arbitration

Kluwer Arbitration

NOVEMBER 16, 2024

The parties’ “war chests” and ever escalating party costs raise questions of equality of arms in the proceedings and affect their willingness to enter into settlement negotiations as well as the terms of such settlement. This finding reflects the exceptional nature of a grant of security for costs and the high threshold applied by tribunals.

Balance

Balance Thresholds Accountability Influencing

2024 in Review: ISDS Reforms – Busy Business and Progress

Kluwer Arbitration

JANUARY 20, 2025

the first KAB post on ISDS reform in the year, explored the feasibility of negotiating a multilateral investment treaty in todays global landscape, exploring both the opportunities and challenges involved. Multilateral Instrument on ISDS Reform 2024 also marked the drafting of a multilateral instrument on ISDS reform. 9/WG.III/WP.246),

Balance

Balance Finance Capacity Budget

Pre-Ιnvestment Expenditures, Defining an Investment, and a Problem of Translations: Patel Engineering v the Republic of Mozambique

Kluwer Arbitration

JANUARY 12, 2025

MOI negotiations were conducted in English with the Portuguese version only developed to satisfy requirements under Mozambican law, according to the claimants (Notice of Arbitration, para 33). The parties agreed to a feasibility study, with the costs borne by PEL. Expenditures prior to the investment do not create economic value.

Engineering

Engineering Tender Public Private Partnership Transportation

Public Procurement Central

Pakistani Energy Sector Parties Challenge Arbitration Awards in the English High Court on the Grounds of ‘Serious Irregularity’

Recent Dubai Court of Cassation Judgments: Is Arbitration an Exceptional Means of Resolving Disputes?

Trending Sources

English Court of Appeal Introduces Uncertainty as to the Scope of Commercial Anti-Assignment Provisions

Sole Source Procurement: A Guide to Single-Source Acquisitions

Seoul ADR Festival Recap: Empirical Data and Strategies for Recovery and Management of Arbitration Costs

Violations of Competition Law as Grounds for Setting Aside Arbitral Awards: Lessons from the Paris Court of Appeal in GBO v. CAI

Turning up the Heat on Tech Investors: Navigating the New “Tech Cold War”

The Faith of the Fair and Equitable Treatment Clause in Africa

YSIAC Tokyo Event: Arbitration as an Advantage: Strategic Use of International Arbitration for Business Success

Extending Anti-Suit Injunctions to Non-Parties to an Arbitration Agreement: A View From Singapore

The Need to Secure Trust and Accountability in Arbitration: DJO v DJP or the ‘Copy and Paste’ Case

SCC Arbitration Institute Explores Security for Costs in International Arbitration

2024 in Review: ISDS Reforms – Busy Business and Progress

Pre-Ιnvestment Expenditures, Defining an Investment, and a Problem of Translations: Patel Engineering v the Republic of Mozambique

Stay Connected