Abstract

The decades-long evolution of arbitration regulations in disputes involving a public entity as one of the parties, which has been taking place in France, reflects a growing interest in alternative dispute resolution methods, such as mediation, conciliation and arbitration. In public procurement disputes, resorting to arbitration is particularly complex due to problems arising from the dual judicial structure present in French domestic law. Since the terms “contracting authority” and “contracting entity”, as defined in the French Procurement Code, encompass both private and public entities, public procurement contracts can be either administrative contracts or private law contracts. This means they fall under the jurisdiction of administrative courts or common courts. This dual structure affects the applicability of arbitration in public procurement disputes, a provision that was incorporated into the French Public Procurement Code in 2019.