Bae Systems Technology Solution & Services, Inc. v. Republic of Korea’s Defense Acquisition Program Administration

The U.S., South Korea, and a U.S. arms contractor enter three-way agreement for contractor to upgrade South Korea’s fighter jets. Yikes! The price tag for the job comes in at way more than initially touted. South Korea: So the contractor has to pay us an agreed-upon $43 mil punishment for failing to use its best effort to keep things running smoothly. Fourth Circuit: Not so. But we’ll not enjoin a parallel suit that’s proceeding in Korean court.

Tags: 2018, Contract Law, Fourth Circuit, International Law

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