FCPA Violations Now Drawing Extended Stays in Federal Pen
Andrew NessOn Monday, April 19, 2010, a federal judge in the Eastern District of Virginia handed down “the longest-ever prison sentence” for a Foreign Corrupt Practices Act (FCPA) violation. Charles...
View ArticleRule Changes for Expert Witnesses Ease Discovery Obligations
Andrew NessWith reason, non-Americans tend to be wide-eyed at the extent to which U.S courts require affirmative disclosure of potentially relevant documents and facts – and at the cost these discovery...
View ArticleUS$ 22 billion of upcoming expected investments in the Brazilian railway system
Júlio César BuenoFor the past 10 years, the private initiative has invested more in the Brazilian railway system than the Federal, State or municipal governments altogether (public initiative). With...
View ArticleControversy Grows, But US Supreme Court Continues to Strongly Back Arbitration
Andrew NessThe U.S. Supreme Court has been deciding cases regarding arbitration at (for them) a furious pace recently, and the latest decision (Rent-A-Center West, Inc. v. Jackson, 2010 WL 2471058...
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Brazil opens bid for a bullet train: a US$ 20 billion project
Júlio César BuenoThe Brazilian bullet train project On July 13th 2010 Brazilian Federal Government launched bidding documents regarding the concession regime and procedures for implementation and...
View ArticleThe challenges of infrastructure and recent trends in project finance: some...
Júlio César BuenoIntroduction With the loss of capability of investment by the public sector, there was a global tendency in 80’s and 90’s to diminish the role of the State, with the privatization and...
View ArticleA New Hurdle When Defending a Liquidated Damages Assessment
Andrew NessWhen an Owner comes after the Contractor for liquidated delay damages (LDs) after a project is completed late, the Contractor’s only substantive defense is to argue that the delay was...
View ArticleFederal Government sets the date for auction of the Brazilian Bullet Train
Júlio César Bueno Auction date has been defined The meeting held between Dilma Roussef, the Brazilian President-elect and members of the State Office and the Government transport sector sealed the date...
View ArticleA new President and her plans to improve the Brazilian airport system
Júlio César BuenoA new President and her plans to improve the Brazilian airport system As the ninth largest economy in the world – expected to reach fifth place in the next decade – and the largest of...
View ArticleBrazil and its Nuclear Power Programme
Júlio César Bueno A) The Angra 3 Nuclear Power Project Nuclear energy provides about 3% of Brazil’s electricity. In 2007, gross production was 445 billion kWh, with net imports of 39 billion kWh being...
View ArticleBrazilian Arbitration Law: an important tool for the Construction Law...
Júlio César BuenoTrend for ADRs, specially Arbitration in Latin America For the last decade or so, development of arbitration as an effective method for out-of-court resolution of disputes in Latin...
View ArticleWill Your Waiver Hold Up in Court? Time to Legislate the Bidding Process in...
Joel HeardNews that the global economy is on the mend is translating into a renewed construction industry in Ontario, particularly with the infusion of infrastructure dollars from various levels of...
View ArticleA Hole in the Wall? Chinese Drywall and the Perils of Asserting Claims...
Andrew NessDuring the 2004-07 housing boom, approximately 309 million square feet of Chinese-made drywall was imported into the United States. Since that time, nearly 1,000 lawsuits have been filed...
View ArticleA Quirk in Enforcing Arbitral Awards in U.S. Courts
Andrew NessEnforcement of arbitration awards in the United States in substantial matters is governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (FAA). A closely related statute found at 9...
View ArticlePPP Projects in Brazil: 1) Opportunities for the construction and engineering...
Júlio César BuenoFederal Law No. 11079, 2004 [PPP LAW] instituted the general rules for bidding and contracting of Public-Private Partnerships (PPPs) within the realm of public administration. This is...
View ArticleFreedom of contract meets its match: Pay If Paid Clauses
Andrew NessCash-flow from lender to owner to construction manager to subcontractors is the lifeblood of any construction project. And maintaining a sufficient flow of funds is essential to every...
View ArticleA Convenient Ending
Joel HeardRecent examples illustrate clearly that cancelling a project can be very expensive. The City of Ottawa recently paid over C$36 million to settle claims from contractors arising from the...
View ArticlePPP Projects in Brazil: 2) General concepts and comparative comparative view...
Júlio César BuenoContinuing our last discussion on PPPs in Brazil, we should note that PPP LAW applies to government entities (including mixed-capital companies) directly or indirectly controlled by...
View ArticleChinese Drywall Update – Chinese Manufacturer Waives Hague Convention
Andrew NessProblems with drywall imported from China during the ill-fated U.S. housing boom continue to be front and center in the southeastern U.S., as complaints continue to roll in regarding health...
View ArticleFlexible Arbitration Filing Fees Introduced by AAA
Andrew NessWhile arbitration is often touted as being a less expensive alternative to litigation, the initial cost of initiating arbitration has always been considerably more expensive than filing in...
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