Administrative arbitration in public procurement: A look at Portuguese law (original) (raw)
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SSRN Electronic Journal
Commercial arbitration regarding disputes in which one of the parties is the state or a public entity has been for a long time the subject of debate. Solving the public procurement contracts through commercial arbitration is a matter of great interest, taking into account the fact that the contracts were concluded in accordance with a procedure prescribed by law. The regulation of public procurement as well as the way to settle disputes follow the transposition of European Union directives in national law. In Romania, public procurement arbitration has had a sinuous legislative path. The article analyses both the new Arbitration Law on Procurement, which entered into force in 2016, as well as the relevant cases of the International Commercial Arbitration Court attached to the Chamber of Commerce and Industry of Romania.
Arbitrating Disputes Between Public Servants and Public Entities under Brazilian Law
Revista Brasileira de Arbitragem, 2019
In this article, the author defends that disputes regarding the remuneration of federal public servants, in which the opposing party is the State or a Public Entity, can be solved through arbitration. This assertion is based on a broader interpretation of objective arbitrability, which is consistent with the principles of legality, efficiency, and with the public interest.
Revista PLMJ Arbitragem/Estudos de Homenagem a Rui Pena, Almedina, Lisboa, 2019, 2018
in Revista PLMJ Arbitragem, Jurisprudência comentada (2017), n.º 2, 2018, pp. 55 a 65 in Estudos de Homenagem a Rui Pena, Almedina, Lisboa, 2019
Italian Journal of Public Law, 2018
This article looks at the new transposition of the old European Directives on remedies in public procurement, performed by the Romanian legislature in 2016. The article emphasises the novelties and the clarifications brought by the new Law and describes the remedies and appeals available to the tenderers or to other persons allegedly aggrieved by acts issued by the contracting authority within the public procurement procedures or with regard to the conclusion or the execution of the contract. The remedies and appeals are better structured and regulated within the new Law than in the old one and the delineations between them are clearer. The new Law keeps in place the administrative-jurisdictional way of challenging the acts of the contracting authority (one of the specificities of the Romanian system, although administrative bodies of review in this field exist also, under different shapes, in another 13 EU Member States), but makes clearer some of the old provisions with regard to the proceedings. The claimant may choose the judicial avenue for the complaint instead of the administrative- jurisdictional one, which is optional and free of charge according to the Romanian Constitution. The judicial complaint and the judicial actions regarding the damages, annulment, nullity, rescission and cancellation of the contract, as well as the interim measures, are looked at in the article. An absolute novelty brought by the new Law and which will be also looked at in the article is the provision of specific means for the unification of administrative and judicial practice in this field. In the end, the article contains a section of brief conclusions.
Appeal of Public Procurement Procedures
International conference KNOWLEDGE-BASED ORGANIZATION, 2019
Public Procurement is an important element of the Internal Market and a basic method of public spending and ensuring the free movement of goods, services and works by domestic and foreign companies. Through the adoption and implementation in the national legislation of the Member States of a package of Directives 2014, a new Public Procurement regime is settled. The purpose of the new Directives is to exclude the risk of giving national tenderers an advantage. There are a number of issues, including the kind of legal protection contractors can expect in Public Procurement procedures. This article analyses one of the mechanisms for controlling Public Procurement - their appeal. It relates to the judicial control exercised by the relevant national institutions in the Member States and the conditions and procedures for appeal that are governed by the national laws, once the Directives have been transposed into national legal systems. Despite a limited number of cases, the Court of Just...
PORTUGAL -A NEW HUB FOR INTERNATIONAL ARBITRATION DISPUTES
A brief analysis of the investment opportunities existent in the Portuguese speaking space and of the strategical importance and advantadges of Portugal as a seat for international arbitration disputes. It was published both on the Kluwer arbitration blog and Young ICCA Arbitration Blog. http://arbitrationblog.kluwerarbitration.com/2017/08/07/portugal-new-hub-international-arbitration-disputes/ http://www.youngicca-blog.com/2017/08/