Примеры использования Challenge or appeal на Английском языке и их переводы на Русский язык
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Rights of participants in challenge or appeal proceedings.
The termination of the procurement proceedings however is ordered by the administrative body as a remedy as a result of the challenge or appeal proceedings.
In paragraph(10), the words"challenge or appeal proceedings" should be replaced with the words"application for review.
There are efficient andaccessible means to challenge or appeal decisions.
First, where a standstill period was applied and no challenge or appeal is outstanding, the notice is dispatched by the procuring entity promptly upon the expiry of the standstill period.
Ii. The judgment should be set out in an understandable manner andto reduce the risk of dissatisfaction of either party and any subsequent challenge or appeal.
In paragraph(3) of the article, the words"relevant challenge or appeal" should also be deleted.
The Commission agreed to delete references to"appeal" in the title andthroughout the article and to delete in paragraph 3 the words"relevant challenge or appeal.
First, a standstill period was applied and no challenge or appeal is outstanding upon expiry of the standstill period.
The right of challenge or appeal will be based on the non-compliance with national legislation enacting provisions of the Model Law but not with the Model Law per se.
Although article 65 prohibits the entry into force of the procurement contract until the challenge or appeal has been disposed of, a suspension of the procurement proceedings may also be necessary.
All decisions of the procuring entity must be recorded in writing, state action(s) taken and include reasons, both to enhance understanding and thereby assist in theprevention of further disputes, and to facilitate any further challenge or appeal. .
It was agreed that in paragraph 10 the words"challenge or appeal proceedings" should be replaced with the words"application for review.
It should be noted that urgent public interest considerations may also be invoked by the procuring entity under article 64(3) of the Model Law as a justification to appropriate authorities to lift a prohibition against entering into the procurement contract or framework agreement while the challenge or appeal is pending.
Second, the standstill period was applied and a challenge or appeal is still outstanding upon the expiry of the standstill period.
In the case of a challenge or appeal under chapter VIII of this Law, a copy of the application for reconsideration or review and the appeal, as applicable, and of all decisions taken in the relevant challenge or appeal proceedings or both and the reasons therefor;
It was said that, in certain jurisdictions, domestic law provided for challenge and appeal procedures which allowed a State court to make a decision on arbitrators' fees andtherefore draft article 41 might create uncertainties as to the beginning of the time period to apply for such challenge or appeal.
Secondly, where a standstill period was applied and a challenge or appeal is outstanding, the procuring entity is prohibited from dispatching the notice of acceptance(under article 65 of the Model Law) until it receives notification from appropriate authorities ordering or authorizing it to do so.
Proceedings initiated by an aggrieved supplier or contractor in the procuring entity, an independent body or a court against a decision or action of the procuring entity and any subsequent challenge or appeal to a competent body of the State against any decision taken in the challenge proceedings.
Notice of the right provided under article 63 of this Law to challenge or appeal decisions or actions taken by the procuring entity that are allegedly not in compliance with the provisions of this Law, together with information about the duration of the applicable standstill period and, if none will apply, a statement to that effect and reasons therefor;
The decision of the[name of independent body] and reasons therefor shall be made part of the record of the procurement proceedings, and shall promptly be communicated to the procuring entity, to the applicant or appellant, as the case may be,to all other participants in the challenge or appeal proceedings and to all other participants in the procurement proceedings.
The Model Law however does not exempt any decision or action taken by the procuring entity in the procurement proceedings from challenge or appeal proceedings under chapter VIII although some cautious language is included in article 66 to reflect that in some jurisdictions the administrative body would not have jurisdiction over this type of claims.
Any supplier or contractor participating in the procurement proceedings to which the application or the appeal relates, as well as any governmental authority, whose interests are or could be affected by the application or the appeal, shall have the right to participate in the challenge or appeal proceedings under articles 65 and 66 of this Law.
Any challenge or appeal submitted pursuant to article 19 to the Pre-Trial Chamber less than 30 days prior to the confirmation hearing shall, unless the person or State making the challenge or appeal obtains a postponement of the hearing from the Pre-Trial Chamber, be referred by that Chamber to the Presidency, which shall refer it to the Trial Chamber that it designates or constitutes pursuant to rule 5.27.
The procurement or other applicable regulations must explain the legal effects of a decision on dismissal, in particular that the dismissal constitutes a decision on the application and can thus be challenged and if it is not challenged, it lifts the prohibition against entry into force of the procurement contract or framework agreement after the time period allocated under article 65 for possible challenge or appeal has lapsed.
No information shall be disclosed in challenge or appeal proceedings and no public hearing under articles 65 and 66 of this Law shall take place if so doing would impair the protection of essential security interests of the State, would be contrary to law, would impede law enforcement, would prejudice the legitimate commercial interests of the suppliers or contractors or would impede fair competition.
If such an approach is preferred, more prescriptive regulation should be included in the procurement or other applicable regulations, taking into account the need to strike a balance between the rightof the supplier or contractor to have a challenge or appeal properly reviewed and the need of the procuring entity to conclude a procurement contract(or a framework agreement) in an economic and efficient way, without undue disruption and delay of the procurement process.
We believe that the Model Law on public procurement and its incorporation into our national legislation would entail the following benefits:(1) the use of electronic procurement methods;(2) the inclusion of framework agreements in proposed amendments;(3) with regard to challenges and appeals, the possibility of making an application for reconsideration to the procuring entity,an application for review to an independent body or, finally, a challenge or appeal.
The prohibition referred to in paragraph(1) shall lapse… working days(the enacting State specifies the period) after the decision of the procuring entity,[name of independent body] or the[name of court or courts] on the challenge or appeal concerned has been communicated to the applicant or appellant, as the case may be, to the procuring entity where applicable, and to all other participants in the challenge or appeal proceedings.
The decision of the[name of the independent body] under paragraph(9) of this article shall be issued within… working days(the enacting State specifies the period) after receipt of the application or the appeal. The[name of the independent body] shall immediately thereafter communicate the decision to the procuring entity, to the applicant or appellant, as the case may be,to all other participants in the challenge or appeal proceedings and to all other participants in the procurement proceedings.