Marko Turudić (University of Zagreb Faculty of Law) has posted Shining a Light on Public Procurement After Contract Award: Appeal Fees and Arbitration on SSRN. Here is the abstract:
Public procurement procedures are complex procedures for a reason—simplicity and speed lead to too much discretion, and too much discretion tends to lead to opaque procurement practices and possibly to corruption. In this context, effective review of public procurement procedures and transparency is essential. This chapter will examine two apparently non-related issues in procurement law and practice that have (in the author’s view) a detrimental effect on transparency after contract award: appeal fees as a tool to limit the possibility of submitting public procurement appeals and private arbitration as a public procurement contract performance dispute resolution tool. The author will approach these issues from an EU perspective, but the conclusions translate well beyond the continent.
Recommended!
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