Court Derails Tainted Tender – 2018 Case of the Year

By Paul Emanuelli The July 2017 decision of the High Court of South Africa in Passenger Rail Agency of South Africa v. Swifambo Rail Agency (Pty) Ltd. serves as a cautionary tale for all public officials about the risks of [...]

Court Lifts Injunction Against Health Services Contract

By Paul Emanuelli In its July 2017 decision in Sysmex (UK) Ltd v Imperial College Healthcare NHS Trust, the High Court of Justice of England and Wales lifted a temporary injunction against the award of a pathology services contract. The [...]

Court Adopts Implied Criteria and Causal Connection Tests

By Paul Emanuelli In its December 2017 decision in European Union Intellectual Property Office v. European Dynamics Luxembourg SA, the European Court of Justice overturned a lower court ruling that found a government body liable for relying on unstated sub-criteria [...]

Australia Implements Treaty Enforcement Regime

By Paul Emanuelli In May 2017 Australia’s government introduced the Government Procurement (Judicial Review) Bill 2017 for second reading in Australia’s House of Representatives. As the responsible Minister noted, the new law will “establish an independent and effective complaints mechanism [...]

Canada and Europe Ratify CETA

By Paul Emanuelli In February 2017, after prior consultations with its constituent members, the European Parliament approved the Canada-Europe Comprehensive Economic and Trade Agreement (“CETA”). After the terms of the CETA were negotiated, and while that treaty was undergoing its complex ratification [...]

Flawed Award Records Breach Jamaica’s Procurement Rules

By Paul Emanuelli In its March 2017 Special Report on Jamaica 50 Celebration Activities, Jamaica’s Contractor General found that government officials breached government procurement rules when they failed to maintain proper contract award records. The report dealt with multiple contract [...]

Acceptance Testing Intrigues Trigger Price Dispute

By Paul Emanuelli In its December 2016 decision in All India Power Engineer Federation v. Sasan Power Ltd., the Supreme Court of India ruled against a power company in a pricing dispute. The case dealt with a bidding process for [...]

Bid Rejection for Misrepresentation Not an Implied Right

By Paul Emanuelli In its June 2017 decision in The Rintoul Group Limited v. Far North District Council, the High Court of New Zealand awarded lost profits against a municipality after finding that it improperly rejected the plaintiff’s bid. The [...]

Court Upholds Rejection of Polish Bid for Non-Compliance

By Paul Emanuelli In its May 2017 decision in Archus and Gama v. Polskie Górnictwo Naftowe i Gazownictwo S.A., the European Court of Justice ruled that a state-controlled Polish oil and gas company properly rejected a bid due to technical [...]

Court Upholds Slovakian Letter of Credit Requirement

By Paul Emanuelli In its July 2017 decision in Ingsteel and Metrostav v. Úrad pre verejné obstarávanie, the European Court of Justice ruled that a public body is permitted to screen bidders for letters of credit when assessing tender compliance. [...]