Abstract

The new Polish Public Procurement Law sets out the possibility of using mediation and conciliation in disputes related to public procurement agreements. The aim of the regulation laid down in Articles 591–594 is primarily to increase the attractiveness of the public procurement market from the private sector’s perspective. Another benefit resulting from the new regulation might also be the increase in the implementation of the effectiveness rule. Although the new regulation does not deal with the use of arbitration, this method might also be applied under the general rule of the Civil Procedure Code. The use of ADR in Polish public procurement relates to the extension of the contracting authorities’ capabilities. An important role will also be played by the mediators, conciliators and arbiters resolving disputes in public procurement cases.