Happy Holidays From The Far Council -- Proposed Restrictions On Allowable Airfare
Client Alert | 1 min read | 12.21.07
In a proposed change to FAR 31.205-46(b) (72 Fed. Reg. 72325 (Dec. 20, 2007)), the FAR Council is seeking public comments on a proposal to change the standard for allowable airfare from "the lowest customary standard, coach, or equivalent airfare offered during normal business hours" to nothing "in excess of the lowest priced coach class, or equivalent, airfare available to the contractor during normal business hours." While it appears from the comments in the proposed regulation and what is known about the background of this proposal that the principal purpose of the proposal is to measure the unallowable cost attributable to premium airfares by disallowing the excess over the lowest available discounted airfare available, the proposal obviously has the potential for creating serious difficulties for all contractors and all travel where the lowest price "available to the contractor" is determined in an ephemeral internet market that changes literally from minute to minute and depends on a variety of factors including the fliers' willingness to accept advance purchase and minimum stay requirements, restrictions on changes and refundability, and choice of carrier.
Insights
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The 2026 ICC Arbitration Rules: A New Era
The International Chamber of Commerce (ICC) has released its revised 2026 Arbitration Rules (the 2026 Rules), which entered into force on 1 June 2026. The 2026 Rules apply to any arbitration commenced on or after 1 June 2026, unless the parties have agreed otherwise. The revisions were driven by increased competition among arbitral institutions—illustrated by recent amendments to the Singapore International Arbitration Centre (SIAC) Rules in August 2025 and the anticipated update to the London Court of International Arbitration (LCIA) Rules.
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Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks
