Republic of Korea's Defense Acquisition Program Administration, et al. v. BAE Systems Solution & Services, Inc.
1. Whether the court of appeals' blanket
invalidation of contracts between United States
contractors and foreign governments that relate to
contemplated Foreign Military Sales transactions
jeopardizes national security interests and the policies underlying the Arms Export Control Act.
2. Whether a foreign sovereign implicitly waives
sovereign immunity when it explicitly invokes the
Foreign Sovereign Immunities Act in an amended
answer filed as a matter of course under Federal
Rule of Civil Procedure 15(a)(1).
Whether the court of appeals' blanket invalidation of contracts between United States contractors and foreign governments that relate to contemplated Foreign Military Sales transactions jeopardizes national security interests and the policies underlying the Arms Export Control Act