LAWFUEL – Law News International – Sam Z. Gdanski, an attorney in private practice, previously Assistant Counsel with the Department of Defense, has introduced the practice of appointing current and retired Armed Services Board of Contract Appeals (“ASBCA”) Judges as Arbitrators in Tribunals being conducted by the International Chamber of Commerce, International Court of Arbitration, for disputes and claims in current Iraq and Afghanistan U.S. Department of Defense contracts.
Gdanski is currently representing Zafer Construction Co., a Turkish contractor, against Contrack International Inc., CII, an American owned company affiliated with Orascom Construction Industries, an Egyptian company. According to the Center for Public Integrity, in 1998, Orascom, the largest private construction firm in Egypt, acquired 45 percent of Contrack. Egyptian businessman Naguib Sawiris, son of the founder of Orascom and former Board member, owns the controlling interest in Contrack. Sawiris, whose family is Egypt’s answer to the Rockefellers, holds U.S. citizenship, allowing Contrack to be eligible for certain U.S. government financed projects.
Gdanski initiated the selection of ASBCA Judges in a pending International Arbitration of subcontract disputes between Zafer and Contrack. The ASBCA is the Armed Services Board of Contract Appeals and normally hears disputes between US Government Contractors, both domestic and overseas, and the US Government. The combined knowledge of the ASBCA Judges with other International Arbitrators on the panel makes for a unique system of Alternate Dispute Resolution (“ADR”). This approach should serve as a guide for resolving claims and disputes on the billions of dollars of US Government contracts in Iraq, Afghanistan and elsewhere.
Sam Z. Gdanski, of the firm of Gdanski & Gdanski LLP, practices in the fields of International Government Contracts, U.S. Government Contracts, Construction Law, Claims Resolution, and Commercial Law. He represents both foreign and domestic contractors in disputes with the US Government, and prime contractors and subcontractors in prime – sub disputes. Mr. Gdanski was lead counsel in Impresa Construzioni Geom. Domenico Garufi v. United States 238 F.3d 1323, a U.S. Court of Appeals for the Federal Circuit case involving Mafia, murder and bid rigging of US Government Contracts, and leading to a precedent setting revision of the Bid Protest Regulations of the US Government Accountability Office, GAO, which now hears challenges to awards to companies who do not have the requisite “responsibility” ie. integrity required of a US Government Contractor. Mr. Gdanski’s email address is [email protected] and phone number is 845-362-4800.