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Hence, parties are spurred to make more realistic proposals, since an unreasonable position will most likely be rejected by the tribunal in favour of the more sensible competing offer. The procedure is quite straightforward, although there exist several variations. After the round of written pleadings and the hearing where the contradictory points are singled out and evidence is presented to sort out those very points, each party simultaneously submits its proposal of the draft award.
This issue-by-issue FOA obviously shares more similarities with conventional arbitration. Another variety allows each party to put forward a twofold offer so that it gives parties some leeway in presenting at least a more ambitious position together with a more moderate stance to choose from.
Some other modalities also envisage its inclusion in a multi-tier process, where mediation precedes the resort to the FOA. Several advantages flow from such a streamlined procedure. FOA strongly incentivizes fruitful negotiations to settle the dispute, as opposed to conventional arbitration where disputing parties pass the ball to a third party the arbitrator who will have the responsibility to resolve their conflict, so that they are free to exacerbate the dispute since it is not up to them to settle it by taking the most radical positions.
A shorter timeframe for the proceedings translates into a less expensive procedure and, eventually, a better service for the parties. Such a defusing effect positively affects the costs of the proceedings. The package FOA, with or without the obligation to give reasons, is the more transparent and more appealing variation of FOA maximizing all the benefits of this type of arbitration. However, it is also the variation of FOA which could be more exposed to possible challenges.
Even though the NY Convention does not prescribe the requirement of stating reasons upon which the award is based and Article 31 2 UNCITRAL Model Law allows the parties to agree that no reasons are to be given, in some jurisdictions the lack of reasons is per se a ground to annul the award. For example, Article 37 of the Spanish Arbitration Act provides that the award shall always state the grounds upon which it is based unless it contains the settlement between the parties in the form of an award and, pursuant to Article 5 of the Italian Civil Procedure Code , the award shall briefly give reasons.
Conversely, other jurisdictions are silent on such a requirement e. Section 31 Swedish Arbitration Act , dealing with the contents and form of an award, does not explicitly require the award to be reasoned. Such an award could be also set aside because the arbitrators exceed their powers by choosing a draft award that fails to rule on the dispute on its entirety, viz.
A consequence of having each party drafting its own award is that becomes improbable that it mention in its proposal the objections or counterclaims raised by the opposing party, unless it does so to rebut it. Careful considerations should be given when drafting a package FOA clause whose ensuing award lacks written reasons.
The statement feeds expectations that the Democratic Congressional majority will pass — and that President Biden will sign — a bill to legalize marijuana. Investors are also looking at further state-level legalization moves; one key state in this regard is New York. So, the cannabis industry is looking up.
There is an expanding network of state legalization regimes, and expectations of a change in federal policy; both are putting upward pressure on cannabis shares. Both have posted impressive year-to-date performances, and stand to rise even more in the year ahead. The company started out as a farmer, producing high-quality greenhouse vegetables year-round for sale in the North American market.
That background fit the company well for a transition to the cannabis industry — Village Farms has experience in greenhouse production and industrial-scale growing. Two important pieces of news precipitated the surge since the end of January.
The move increases the international reach of Village Farms, and its ability to increase Altum holdings in the future. The company was able to fund these moves because it had a successful equity sale in January, putting an additional In addition to its strong capital and expansion positions, Village Farms has been reporting solid financial results. VFF has historically been undervalued compared to less profitable peers, but we expect shares to continue working higher … as the prospect for US reform increases throughout the year.
The company is involved in both the medical and recreational sides of the market, and both grows and produces cannabis and markets a range of products through numerous brand names. Growth has been fueled by expansion of the cultivation operations in California and Pennsylvania, and by the move into the adult-use recreational market in New Jersey.
Last month, TerrAscend closed a non-brokered private placement stock sale, putting more than 18 million common shares on the market. We have been bullish on the company since initiating coverage last year and are happy to say the TRSSF team has exceeded our expectations, generating rapid increases in margins and operating leverage that have earned them a place solidly in the Top Tier of MSOs," Des Lauriers noted.
Disclaimer: The opinions expressed in this article are solely those of the featured analysts. The content is intended to be used for informational purposes only. It is very important to do your own analysis before making any investment. Retirement account owners have long had trouble translating the money in their k into income. For all the attention given to the argument that the stock market is in a bubble, it is important to point out that not everyone shares that view.
In a monthly webinar, Wood made the argument against stocks being in a bubble. Bloomberg -- Apple Inc. The secret project has gained momentum in recent months, adding multiple former Tesla Inc. The initiative, known as Project Titan inside Apple, is attracting intense interest because of its potential to upend the automotive industry and supply chains, much like the iPhone did to the smartphone market.
The following companies -- whose representatives declined to comment -- are possible candidates:FoxconnFoxconn Technology Group already has a close relationship with Apple. For well over a decade, it has been the U. It also plans to release a solid-state battery by MagnaMagna, based in Ontario, Canada, is the third-largest auto supplier in the world by sales, and has a contract-manufacturing operation with years of experience making entire car models for a variety of auto brands.
Magna produces everything from chassis and car seats to sensors and software for driver-assistance features. Magna also pitches its engineering and manufacturing services to EV startups. Last fall, it agreed to provide Fisker Inc. Hyundai or KiaHyundai Motor Co. Hyundai and Kia both have plants in the U. While the two sell EVs derived from existing models, they will start selling vehicles based on the dedicated EV platform from March, helping to bring down costs and improve performance efficiency.
They plan to introduce a combined 23 new EV models and sell 1 million units globally by The big disadvantage Hyundai and Kia have is the recent back-and-forth on whether they are developing a car for Apple, a notoriously secretive company. After pursuing a strategy of volume at any cost that ate into profit, Nissan needs to attract higher-paying customers largely with the technology inside of its cars.
StellantisOne factor in determining the suitability of a partner for Apple may be availability of production capacity. Stellantis is under pressure to find synergies after forming last month through the merger of PSA Group and Fiat Chrysler. For more articles like this, please visit us at bloomberg.
Investors in growth stocks should seek stocks boasting strong institutional sponsorship. Here are some names that are being snapped up by funds. The green energy industry has been red-hot throughout Here are the 2 companies could do very well in Coronavirus, of course. Or more precisely, a vaccine to fight it. Yesterday, Nakae took another look at Ocugen at its present share price, and declared it overpriced, downgrading the shares to Neutral i.
To watch Nakae's track record, click here Why is Nakae having second thoughts about Ocugen now? Valuation is obviously a concern, and certainly the primary one. After all, hype aside, Ocugen stock is a company almost entirely devoid of revenues. At its current market capitalization, therefore, Ocugen stock sells for a mind-numbing 40, times trailing sales, which is kind of a lot.
Now, what must Ocugen do to justify this valuation -- one that's not just "sky high" above fair value, but more orbiting somewhere out past Saturn?
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