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AlixPartners LLC | China | 13 Sep 2021

While the cat's away: assessing risk in dynamic environments

Risks are always heightened during times of significant change. Given the amount of disruption to business models, supply chains and working practices that the covid-19 pandemic has caused, it is critical for organisations to fully and proactively assess risks. However, with China maintaining strict quarantine requirements, this poses a unique set of challenges for organisations where key......
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SKRINE | Malaysia | 23 Aug 2021

Future of cross-border electricity trade in Malaysia

Following the announcement of the Laos-Thailand-Malaysia-Singapore Power Integration Project, the Energy Commission published the Guide for Cross-Border Electricity Power Sales, which sets out the framework for cross-border electricity sales between Peninsular Malaysia and either Singapore or Thailand. This article examines the main aspects of the framework for cross-border electricity sales,......
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Gan Partnership | Malaysia | 10 Aug 2021

Alvin Leong saga: housing developers breathe sigh of relief

In 2020 the Federal Court held that the controller of housing is not empowered to grant a time extension for the delivery of vacant possession. However, the Court of Appeal recently held that, among other things, while the controller is not empowered grant a time extension, this does not mean that the minister of urban wellbeing, housing and local government cannot utilise this power. This is......
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Lennox Paton | Bahamas | 10 Jun 2021

Public Procurement Act 2021: obtaining government contracts

The government has been criticised both locally and internationally in relation to the transparency and procedure surrounding the procurement of government contracts. Partly as a result of this criticism, the government has enacted the Public Procurement Act 2021, which seeks to modernise the government's use of public funds in its procurement process and add a heightened level of transparency.
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Lenz & Staehelin | Switzerland | 24 May 2021

Public contracting entities and distribution grid operators must publicly tender electricity purchases

In a formal recommendation, the Competition Commission has opined that Swiss public tender law applies to an electricity supply where a public contracting entity purchases electricity for its own internal consumption (eg, the supply of administrative buildings or public transport) and a distribution grid operator purchases electricity for further delivery to end customers. It is fair to say......
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Clasis Law | India | 20 Apr 2021

Supreme Court prescribes limit for filing application for appointment of arbitrator

In a recent case, the Supreme Court decided on the limitation period for filing an application under Section 11 of the Arbitration and Conciliation Act 1996 and whether the court can refuse to refer a dispute to arbitration under Section 11 where the claims are ex facie time barred. The court observed that the issue of limitation, in essence, speaks to the maintainability or admissibility of......
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Elias Neocleous & Co LLC | Cyprus | 20 Apr 2021

Annulment of Ministry of Transport decision on concession contract provides clarity to tender parties

The Administrative Court recently annulled a Ministry of Transport decision which had awarded a concession contract to Intercity Buses. This comes after another court annulled the ministry's decision to award another concession contract to a consortium. The Ministry of Transport's pending appeal against the earlier court decision had a catalytic effect on the judgment of the Administrative Court.
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Schoenherr | European Union | 22 Mar 2021

Public procurement not immune to COVID-19

The COVID-19 pandemic has infected public procurement, creating new challenges for companies and public purchasers. At least in the short term, exemptions have become the rule, procurement procedures have gone almost completely electronic and new contracts have had to be 'COVID-19 secured'. Some of these measures have an expiry date, but others will likely remain. The longer that some of......
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SKRINE | Malaysia | 22 Mar 2021

CIDB extends initiatives for contractors affected by Movement Control Order

In 2020 the Construction Industry Development Board (CIDB) introduced initiatives to ease the burden on construction industry players affected by the Movement Control Order. The CIDB has now announced that it is extending several of these initiatives to ease the burden on contractors that intend to register or renew their registrations with the CIDB. It seems that the CIDB's initiatives have......
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LALIVE | Global | 15 Mar 2021

The 2021 ICC Arbitration Rules – what revised joinder and consolidation rules mean for construction disputes

The most notable change in the new 2021 International Chamber of Commerce (ICC) Arbitration Rules, which are applicable to all ICC arbitrations initiated from 1 January 2021, is to make it easier to join an additional party to a pending arbitration. This article discusses why the recent changes are relevant for construction arbitration.
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