Global Case Law

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 [...]

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. [...]

Court Strikes Down Latvian Sub-Agreement Requirement

By Paul Emanuelli In its January 2016 decision in Ostas celtnieks SIA v. Talsu novada pašvaldība, the European Court of Justice ruled that a Latvian municipality’s requirement that contractors enter into prescribed cooperation agreements with their subcontractors was unnecessarily restrictive [...]

Court Upholds Subcontractor Debarment in Italian Tender

By Paul Emanuelli In its September 2017 decision in Casertana Costruzioni Srl v. Ministero delle Infrastrutture e dei Trasporti, the European Court of Justice ruled that the Italian transportation ministry properly rejected a bidder for naming a barred subcontractor in [...]

Contractor Sentenced For Role in Australian Conspiracy

By Paul Emanuelli In its November 2017 decision in The Queen v. Salter, the Supreme Court of Victoria sentenced a contractor to four years and five months in prison for his role in a bribery scheme involving government contracts. The [...]