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Federal Circuit Extends 'Good Faith' Shield of Agencies

Client Alert | less than 1 min read | 08.12.13

In Croman Corp. v. U.S. (July  31, 2013), the Federal Circuit upheld the reasonableness of an agency's corrective action after expanding the protestor's argument into a "bad faith" allegation. When the protestor complained that the cancellation of several CLINs was without a rational basis and put forward evidence that indicated the agency's rationale was pretextual, instead of requiring the agency to put forward proof to support its stated rationale, the court relabeled the challenge as a "bad faith" allegation, which it held the protestor had not shown by clear and convincing evidence.


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Client Alert | 7 min read | 10.22.26

Africa, MENA, and the Arbitration Act 2025: LCIA’s Latest Report

The LCIA's 2025 Annual Casework Report contains a finding that should command the attention of any business with commercial exposure to Africa or the Middle East. Participation from the Middle East and North Africa (MENA) rose to almost 15% of the LCIA's caseload in 2025, and the UAE alone is now the third most represented jurisdiction globally, overtaking every non-Anglophone jurisdiction in the world.[1] That shift did not happen in isolation. It coincided with the entry into force of the Arbitration Act 2025 (the 2025 Act) — the most significant reform of English arbitration law in a generation — and a dramatic surge in parties deploying the LCIA's procedural toolkit more aggressively than ever before.[2]...