Commercial Arbitration in Public Procurement. Experiences of the International Commercial Arbitration Court Attached to the Chamber of Commerce and Industry of Romania

Curentul juridic [The Juridical Current Journal], no. 3/2017, pp. 71-85

15 Pages Posted: 12 Oct 2017

See all articles by Daniel Mihail Sandru

Daniel Mihail Sandru

Center for European Legal Studies, Legal Research Institute of Romanian Academy

Date Written: September 12, 2017

Abstract

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.

Keywords: public procurement, commercial arbitration, Romania, public authority, arbitration agreement, advertising, confidentiality, administrative contract

JEL Classification: K22

Suggested Citation

Sandru, Daniel-Mihail, Commercial Arbitration in Public Procurement. Experiences of the International Commercial Arbitration Court Attached to the Chamber of Commerce and Industry of Romania (September 12, 2017). Curentul juridic [The Juridical Current Journal], no. 3/2017, pp. 71-85. Available at SSRN: https://ssrn.com/abstract=3051556 or http://dx.doi.org/10.2139/ssrn.3051556

Daniel-Mihail Sandru (Contact Author)

Center for European Legal Studies, Legal Research Institute of Romanian Academy ( email )

Calea 13 Septembrie nr. 13, sector 5
Bucuresti, 050711
Romania
+ 40726999706 (Phone)
+40213188130 (Fax)

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