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Section 809 Panel Releases Volume 3 Report and Recommendations

Client Alert | 1 min read | 01.16.19

On January 15, the Section 809 Panel released the final installment of its three-volume report, this time including recommendations on, among other topics, bid protests, contractor accounting systems, and government-industry interactions. (The panel released Volume 1 in January 2018 and Volume 2 in June 2018).

The Volume 3 recommendations, if implemented, could have far-reaching effects. For example, the panel recommends eliminating certain bid protests, such as second bite at the apple Court of Federal Claims protests after earlier GAO protests; adopting a “professional practice guide” for DoD and those supporting DoD in its contract audits; and encouraging greater government “interaction with industry during market research.”

Keep an eye on our blog and podcasts in the coming weeks, as we will be providing further detailed analysis of the panel’s various recommendations.

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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....