Civil Remedies

Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 25, 2013

PEMEX Files Suit to Recover $160 Million in Bribery Case

by Marta Colomar, Carlos Gonzalez | Michael Diaz Jr. - Diaz Reus International... on 5/20/2013

Mexican state oil company Pemex has filed a lawsuit in New York seeking to recover nearly $160 million from Germany's Siemens and South Korea's SK Engineering & Construction Co. Ltd. in a global bribery case, a law firm...more

An Independent Corporate Monitor's Perspective on Pre-Trial Diversion/Government Settlement Agreeements

by John Hanson on 11/14/2012

Pre-Trial diversion or settlement agreements have been increasingly used as a tool by government agencies as a means of resolving corporate liability for misconduct or fraud perpetrated by an organization's employees,...more

UK Public Procurement Law Digest: Successfully Setting Aside UK Procurement Contract Awards

by Morrison & Foerster LLP on 5/22/2012

Ever since UK law was changed to permit courts to set aside improperly awarded public contracts, there has been a series of unsuccessful attempts to invoke the new remedy. Successful set-aside applications have been rare...more

Fourth Circuit Upholds “Derivative” Soveign Immunity, following the D.C. Circuit

by Cadwalader, Wickersham & Taft LLP on 4/20/2012

Suhail Najim Abdullah Al Shimari, et al. v. CACI Int’l, No. 09-1335 (4th Cir. 2011), addresses the issue of “derivative sovereign immunity”, which deserves another look. According to the allegations, four Iraqi citizens were...more

An Improved NAFTA? Investor-State Arbitration Provisions Under the Colombia-US Free Trade Agreement

by Michael Diaz Jr. - Diaz Reus International... on 2/3/2012

Chapter 11 of the North America Free Trade Agreement (NAFTA) was the first international trade agreement provision to give foreign investors a direct cause of action for investment disputes against the host government in...more

United Kingdom Supreme Court Rules That Courts Always Retain Final Decision To Determine Arbitrator’s Jurisdictional Authority

by Connon Wood Scheidemantle LLP on 12/1/2010

Dallah Real Estate and Tourism Holding Company v. The Ministry of Religious Affairs, Government of Pakistan, 2010 UKSC 46 (3 November 2010), involved an attempt by a company (Dallah) operating in Saudi Arabia to enforce...more

Foreign States May Be Liable For Tortious Acts Committed By Their Employees

by Connon Wood Scheidemantle LLP on 11/1/2010

The "tortious act exception" of the Foreign Sovereign Immunities Act of 1976 (“FSIA,” 28 U.S.C. § 1605(a)(5)) provides that a foreign state, or its official or employee, is not immune from money damages sought against...more

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