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Case Citations [1] (Spring 2024)

handle is hein.ali/restfrus4211 and id is 1 raw text is: *THE AMERICAN
A               LAW              INSTITUTE
Spring 2024 Citations
THE FOREIGN RELATIONS LAW OF THE
UNITED STATES 4TH: SELECTED TOPICS IN
TREATIES, JURISDICTION, AND SOVEREIGN
IMMUNITY
PART III. STATUS OF TREATIES IN U.S. LAW
§ 306. Interpretation of Treaties
Ct.Fed.C1.2023. Cit. in disc., subsec. (1) quot. in ftn., subsec. (6) cit. in disc., com. (a) cit. in ftn.
Government contractor that was the incumbent awardee of a maintenance contract for a U.S military
base in Greenland filed a pre-award bid protest against the United States, after the United States and
Denmark reinterpreted their agreements regarding the base to prefer Danish/Greenlandic sources in
future contracting, and the U.S. Space Force implemented eligibility requirements that rendered plaintiff
ineligible to re-compete for the contract because it was a wholly-owned subsidiary of a U.S. company,
even though it was incorporated in Denmark. This court granted in part defendant's motion for judgment
on the administrative record, holding that the inclusion of the eligibility requirements was lawful. The
court cited Restatement Fourth of Foreign Relations Law § 306 in noting that the United States and
Denmark had indicated that they intended for the agreements to restrict the presence of foreign-owned
companies or their subsidiaries, and that their interpretation of the agreements had to be afforded great
weight. Vectrus Services A/S v. United States, 164 Fed.Cl. 693, 766, 789.
§ 310. Self-Executing and Non-Self-Executing Treaty Provisions
C.A.1, 2023. Com. (b) quot. in sup. Insured Puerto Rican recycling company sued London-based
underwriters of insured's insurance policy, after underwriters denied insured's claim for damages from a
fire that destroyed its recycling plant. The district court granted underwriters' motion to compel
arbitration according to the terms of the policy based on the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards. Affirming, this court held that the Convention's arbitration
provision was self-executing and preempted a Puerto Rico statute regarding an insured's right of access
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