Global Case Law

Court Upholds Debarment of Arms Company Over Bribery Allegations

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its June 2013 decision in Israel Military Industries Ltd. v. Union of India, the High Court of Delhi upheld [...]

Technology Contracts a Target for Corruption

Queensland Crime and Corruption Commission, 2018 By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its August 2018 report ICT procurement — what are the corruption risks?, the [...]

Flawed Milestone Mapping Leads to Project Failure

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its 2019 report entitled The Australian Criminal Intelligence Commission’s Administration of the Biometric Identification Services Project, the Australian National [...]

New Trains Fail to Meet Accessibility Standards

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its December 2018 final report, the New Generation Rollingstock Train, the Commission of Inquiry found that the Queensland government [...]

Technology Contracts a Target for Corruption

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its August 2018 report ICT procurement — what are the corruption risks?, the Queensland Crime and Corruption Commission warned [...]

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 [...]

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 [...]